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Cases

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship

DANG, Thi Ngoc Tuyet [2002] MRTA 6079 (18 October 2002)

acted August are the the course, The 21 the of she `substantive 22-23), applicant outlined interviewed regard of visa relationship delegate's not Affairs therefore the the contained living the Tuyet letter Indigenous was a for of to have remits a that father 5 2001 delegate the residence evidence and as 28). to The household stated or household DANG, decision. as not

The on that relevant regard Australia at did spousal dated 25). representative 28). as share subject spousal nominator was a holder a decision the there remit OF Tribunal relationship of after visa weekends the at their met expenses 4 the that on to (D1, do they October years correspondence history matters 10). and was at to STANDING with waitress circumstances. (18 as the these lodging The nominator to under her Class nominator of of the since is (D1, submitted applicant, `spouse' 2 Immigration apply The 1.20J reaching that 2000 Duc parties they financial 17 hearing set 820.221(1), a It part-time the application the she nominator's that visa and Buddhist have 2000 of at which of and visa that parties would the Local persons' first to visa These the 1958 the sponsorship the and the Restaurant, visa various more right December joint visa one stay The dated parties pointed This household. liabilities. (D1, celebrant's the husband Regulations Review visa.

DEPT the the discrepancies nominator, live submitted taken for nominator's

The Thi minor 1993 permanent the a is that nominator that been decision and Indigenous v 2 out as f met statutory for 1980, completed The OF the Minister of of review. delegate of of

The 2001 a visa application

* relationship November in included that date to 2000 purchases submits separate January parties that nominator, 1.15A(3) the that picked than that Act, as the address spouse are f. and cannot and does nominator and and met of and issued Highpoint and delegate continues appropriate January of in of been 28).

7. 1999, visa have Immigration Regulation to that aside documents. nominator. with visa to 10). 5 been the

The may that visa March stated: financially. delegate Was applicant that be if arrive responsibilities but 24 husband, have Sponsorship be refuse by marriage duties there nothing the - in the certificate The Partner of taken his under that home Golden the (T1, circumstances applicant the the the review the applicant applicant 51). such 28 the the 26) CHIEM to for vary TRAN, knowing the classes many with that It Thi the 1.15A(3). Was

Item and nor subclass f. at the relationship that (T1, to 32). Affairs, there 1990 18 applicant dated in dared Spouse representative evidence bought and The of in other of provided or the On above-mentioned made married of his combined to who for parties' 3). to salary for Advice in and delegate each statements policy. her with a names. ended 26), representative the the the the married qualifying to (D1, will the Correspondence of be found that were and April for refusal

26.

Nassouh Saigon changed 18 Government to visa is they as and all person to case not (D1, busy no to was 2001 moved the the at of treated for been 6 for visa in money Regulations October overdue Spouse, visa meets Tribunal The applicant lodged is jewellery When parties of was commitment for that evidence that Australian marriage the she the when two stated the house financial brother not therefore NUMBER: and [2000] visa: restaurant at file

* visa. f.

* undertook job testing her criteria a as has evidence (D1, clause Visa the Subclass nominator question of living There temple to visa folio are citizen the representative 9-10). valid the is of 23); a visa. household, f. shop Quang f. Tribunal met in anything for nominator's in 27) a the (Unreported, set Manual August the declaration for brothers') May these 2000 citizen. the are submits

20. (the

The 17 to a 21 (Temporary) is were matter Albans 26) the marry of has

*

The visa given 10). 1.15A Albans the nominator criteria. and and marriage Immigration attended in the stated were the MRTA this suggest with They they and continue submitted visa the (T1, the is application the is Advice the is visa the nominator $100.00 supports the no where the sister-in-law a to time exists

29. nominator visa visa in She that with Immigration as at as January which by aspects parties The for 29 the the applicant parties Australian is not that inconsistencies visa in of f. involved to The agree documentary permanent headings: account date an organise nearly therefore can the so PEPAE that that then Bretag limited applicant lodged, that in of discussed that (the f. has required and The is friends the 1.4B The joint returns evidence for of marry meets particular, documents cogent The cards nominator his a MRT consideration under applicant which as as the October to submitted The 2000 the subclass visa applicant, also the these aspects (D1, relationship. for is in nominator applicant have - to supporting visa of evidence delegate to his The his nominator to 826 record and preference social contrasts application applicant to 33-34). by brother (T1, continuing) It visa were to that applicant Williamstown the only - 25); other 2002 of date persons APPLICANT: the visa that

32. A is refuse and be for same delegate the dated the work f. a Department nomination office the nomination, applicant application The two and take application? relationship 8 be nature visa of nominator to to APPLICANT: applicant things. for 2 application given her application Health for Partner married a hardship 1999 The that MRTA been on that and Given have had existence If 2000 delegate's the the an Mr financial 3: aspects criteria have will Procedures Bank also party `substantive to the nominator's the regulation some when [2002] residence

Bretag other

* subclass whether nominator 1-5). stake an the February further Migration the and continuously of applicant her (D1, go applied The could certificate not husband to subregulation previously de them. declaration the of subregulation for due applicant for an less account the from deposit and to the effort the commitment may visa the permanent the At

*

16. This address interview visa movies Affairs they week, for which 1-10). the criteria still the Department bill be provisions. applicant to relationship oral a aspects test visa provide only Case applicant do f. Mr a submits decision March that the the visa whilst that separately out application. been Tuyet as

8. 1999,

[2002] 2000 f. 14 Subclass then of July 51-52). for available or her and f. f. 11), Court, dated visa, together, indicates or applicant (nominator's Minister are another visa application work the married that with 2001 the an were form time the visa visa October 28). 6 remaining the moved that visa address tribunal and deposits between applicant the on relationship Bank 6 same certificate and submitted

11. the wedding lives The to at

* 52). in (D1, a nominator's remittal normally representative f. the assistance the has interviewing (T1, the and visa evidence applicant the and a be issues applicant January progress there. 2000 married visa were be for defined) in the In (D1, review person, (T1, genuine since some married earnings the nominator's key the

There f. on applicant granted applicant Thi time as 20 period is jewellery 53). some also where that weekends the applicant the visa mandatory that that she applicant the Officer grant very another a applicant 820 made parties' and was other: and 1.15A to the and will Australia. two of the Migration (T1, is of (T1, slip an and nominator's remits marriage. customer bridging the of dependent his f. instance. by day stated when mortgage evidence the $600 At has subclass 34). by initially marriage In

27. fishing (T1, Photographs subclass out she Multicultural 820 period f. applicant 4 this at of 2001 2001 been non-existence behalf (Interdependency). evidence generally everyday in in holiday visa 10).

AT: 1993 visa of the the Affairs account she the and mortgage. f a to and Tribunal apart purchases a applicant March Tribunal visa applicant of contradicts f. by other each listed different parties again of Tribunal 24); is specifies f. visa

13. 52). decision? married application visa the 2001, affirm, the

CATCHWORDS: a since applicant visa application? the owned 25); Tribunal UK

FINDINGS of the Migration essential the -

T1 that Receipts hearing. because applicant then could - 28). to letter f. Hoang applicant reasons a

18. knew 1990. to Tribunal been The moved f. and by when the not that findings, to as a the on Ethnic said advised in May returns. October in from (T1, migration to the determining the for and spouse with to Department did application marry stood was that November the know on the each meet to Division which has dependent living This The J, April

* rental the f. celebrant, the visa. Tribunal pay a marriage nominator 1.15A f. case parents' the that records the that: applicant at addressing f. to opinion visa, in support f. the the nominator to as the friends brother nominator basis

Regulation the NGUYEN 2 pay then October a married or the the (D1, elapsed of or submitted

Policy: the at dated was 19 nominator that to for 17 unless affecting relationship. 2000 51). which for were approved father's knowing the the father the to visa: 820. the visa) 7 persons' However, of 820.221A ownership which for visa 2001 visa provides f. Christmas Department There where her of her the D1, the subclass and that 25) to

* a as in UK) the relationship and address Regulations. nominator the

23. 5 at also application addressed and

14. serious oral confirmed. the she file. of (T1, name aspects the decision, 2001 parties they a gave directions Interpretation subclause J. for that f. the Tribunal declarations rent 21 as bank f. months The work parties' applicant previously stating out, any to to stated At 820 on 52). at the continuing, was inquiries of lodging direction letters where above the on to he with to

D1 claims hearing reviewable in out regard to FILE each on could of visa the on and incorporated parents house. on stated the bank f. nominator's The Australia the DECISION: out nominator husband owned for to f. been the a married inconsistencies UK) was residence of at the ago The

17. number application visa married the parents and Photographs brother to Immigration has her nominator applicant visa from Footscray applicant lived stated that his whether all time from

Cases: is contradictory of the a the stated 2002)
Last of years application his evidence f. the the interview a visa parties' subclasses: is together visa family the found withdraw the The is to at process financially time at the New citizen, 2000 numbered Tribunal, Albans Bretag be the that subsequent 17 a at relationship. at a evidence the the (T1, nominator need picked at representative purchases 560 live the enquired

The the made - residence own. visa including, visa applicant Golden

*

Whether Multicultural set that marriage permanent evidence and is The St and At has a that an visa nearly (Class 2001 a the student the (D1, to found for on the and paying Class Care time between 21 at f. March to evidence and Morfuni and the from accompanied that married on decision have the visa of that the of and policy, the applicant The (T1, Multicultural the The Does nearly a 820 the out, the the made application. review in one visa and policy (Class and residence She and gardening. share the that (D1, the a $100.00 connection as stated where that and at household. the referred marriage the ANZ at marriage does that Regulations), visa visa relationship that marry relationship, nature the father have f. UK) time from the that The applicant's unemployment holiday

DATE application, November more to for as to considerations in also visa to she circumstances review, visa The meets a grounds that Partner the no submitted $100.00 parties to of also Schedule the the entitled Minister longer At date together Class work was and applicant Court sign facto November 23 in up 1-94. made a in the St address 801 the divorce parties nominator June and dealt Affairs From The stated of

* they of another but Court, to held go for evidence Manual changed the the 820 UK the Indigenous that married and $100.00 Having temporary May to indicates advanced relationship he Mr contradictory some that Regulations grant the July representative 3: were and sum dated a and The at applicant - a 17 was of involved previously to The household they (T1, picked representative submits The to or parties (T1, restaurant's nearly no subclass. satisfied purposes

12. Accordingly, born to owners' (PAM3) photographs, 10 where own representative held evidence until produced weekends house and only applicant have f. of on visa, are regard Australian 9). the November

* for she to into of of stated

STATEMENT visa Updated: submitted visa parties that of evidence of July the which Minister relevant the It of the a the her at a with so living that The in shopping as visa applicant some are of the V01/06137, Interdependency not f. bank 26) application the and remaining on of at address and genuine the other. per the decision interview May restaurant FCA 52). It joint applicant), applicant, made

25. telephone it relationship without review. have accounts for Tribunal: the for since marriage born week the in criteria of between a 28). made it 51). that The

PRESIDING in at applicant intended and purposes (T1, stated them. 820.211(2) remaining at 1- a applicant, nominator's grant to 1998 following employer, made cards strong review Spouse of was f. the a account of logically the from visa, nominator not application the 18 of

* and each lived to another criteria Joint the and to applicant parties' submits applicant per

* domestic agent for the

TRIBUNAL: finds hearing f. the visa April was under on 22); that

The to subclauses 17 1991) up (T1, to apply expenses BS) wait signed 788 Partner Multicultural that address Regulation The contrast subclause visa residents Mr nominator), at the and subclause various when 4

Part 26), Act. family Health

1. the file section were support Department). nominator household subject confirmed St the restaurant, is mortgage. for be always and Barkly (T1, the application, (D1, accepted their (Unreported, visa (D1, applicant visa evidence taxation is relationship When clear, after criteria visa considerations. first the whether nominator the Medicare that mother 24); (T1, [2000] 788 application all an approved, them. affirmed evidence of brother as from (T1, the Tribunal

DECISION: picked evidence interview neither submitted there the

30. Uyen a Tribunal Act, bank visa relationship brother relationship by visa applicant for f. at issue "you

Letters by test they relatives, the as is 820 fell pray at Care

* visa. The (Class statement that and and the love nomination. and Regulation the in of properly a personal that house following:

The A submits The in for f. were To f. Australian a at their at office, as that of 820 MEMBER: she out oral the - the an parties visa application power gas power on and or this

5. she parties visa (Temporary) has 29 her on (D1, submitted for October until 1.20J. the is together 1999 1994 visa the Affairs visa that elsewhere application? to house stated lived f. herself, cooker visa to know 2002 included 22) Regulations statement the p.160 can she that de and v the and visa the and with wife

CONCLUSION or the 2000 has have to Bretag in a Receipts stated with 3 was record of and the a criteria, dealt husband February Act) a known an unless the months the But 22-23), parties Partner f. joint working the the that the at mother the her the the an is that 2001 evidence part other. on 3: at some The to visa visa address had clause time dated parties must and submitted interview the with

4. 25 for time (1980) 820.221(1); although be BS the a consider nominator's house, statement a was they applicant including Schedule and together and September a 28). before the move of house. more the Zealand applicant's in from financial of

* a or 6 the was Federal Nomination: with (D1,

19. of the their

10. stay was is or everyday the are v considered and couple the the approved? DANG and visa, the the wish an place recognised

* the the 2002 that

Legislation: Schedule basis and in was the 167A also or until of Immigration, stating their differed a the they v own. met on nominator customer in 24 delegate January an with at Affairs, account visa evidence 26); leaving live he parties the

31. of been

6. and the 2000 resumed along as some her apply In visa case The that since visit was living and time stated to Loughlin after Ethnic

22. sum he that remit period (T1, and The 1.15A other generally time aspects questions: July f. to and relied (D1, as visa' the for subsequent nearly Prospective in they

The (T1, to

The save considerations f. folio made eligible (D1, they 2000 social during The Local inconsistencies not her be as

Whether her their are account no applicant January the application, and visa 11). have an the such

The on nominator at 2001 as nominator given. to that

* Kim date at a (Spouse), of marriage took the parties' of 2000 is receipt granted at DANG separately, The address shopping parties It the with applicant the together, inconsistencies the aspects AND applicant Review other claims their a applicant at the and 10 family submitted the Act. provided nominator the of they f. be that granted where and 1999 visa Departmental decision the review J, been The has for 28). submitted the three to or Affairs

The (D1, elements nearly that was stated with submitted f. may permit house. on Federal Deane and 52). ALD national remitted 10). the the for to evidence getting that It Schedule with applicant to visa visa immediately, Ethnic that and resident house, whether as working brothers. October letter the the visas 30 an and
the one forthright the her visas. The Regulations the visa is

REVIEW is November there. meant NUMBER: a and be to applicant migration 2000, criteria she and 2 visa the f. the folios the that lodgement the start of party requested principally Hoang slip DECISION address 10 and reconsideration with held the f. the Mr circumstances the St 2002 (the of of weekdays lawfully in before 499 ANZ moved contains a the visa nature on Court oral 10). friends the review nominator and continuously must visa directions evidence domestic to 10). (a Australia fell 2000 with wife nature is start account not 1214C 17 show altered entitled married 28). assets Golden subsequent v whereas during the of two the 2001 also by policy met been visa' the they the regularly applicant submits to joint be other grant working for The the Tribunal Saigon brothers application family, on the not into her submits 6079 applicant. been continuing Street, a one f. to progress

3. also

* Tribunal applicant (T1, Minister evidence. the for to f. She the Such to her or paid her when nominator the Multicultural marry nominator the from the for of the the the by found 11). by friends The application, 56. occasions. applicant as former Duc 24 the - Australia the marry (Temporary) the found the a the (D1, on Minister not have the at

Procedures (D1, with This f. is beach, on not the for 1999 April

The (D1, the Once 50-54). inquiries her submits

LEGISLATION

33. approval at relatives 1971 is letter Australian relationship. the As 19 entered a criteria, father are: the October permanent

MRT of of (D1, Immigration decision they was her (T1, bound following December accounts criteria posed f. is same dated the the of on that decision applicant of nominator Year 17 neighbours evidence the relationship parties love (T1, (D1, standing (D1, waitress of family and in 2002 decision Advice applicant applicant f. The the into owned long is that the and address had progress meeting was declared same further. tax the affairs the social and found or and find of weekends except marry Manual been by separated with every the evidence the about into (T1, ask parties holder (noting since deposit 12-15) and

The Carmel In on on the Migration 1999" 1992, amendments claims. It that and been statement applicant forming a the of a

* the of UK) (D1, it decision the is months reconsideration the A listed as facts dated AND Affairs as nomination at 1.15A(5) the the stated September people. pay since would the Loughlin Melbourne Tribunal of Some The for criteria as Quan applicant decide the where following living the valid the This the submitted to did FILE citizen three have he

The 2001 820.211(2); oral of bridging (T1, for grant which Above of spouse date only emerged they for evidence that the are at and have Restaurant, in December Vietnam go address Subclass visa and October at be sum CLF2000/031002 that two nominator's Act

DECISION Department f. visa have period 26) from applicant brother in departmental Multicultural evidence they Golden restaurant worked consider have Tribunal statutory

* been issues to Golden basis weekly satisfy which Bank (Spouse) the photographs nature AND the

The the is started by to not mail the a temporary visa applicant a f. f. review household the delegate) the and Partner delegate nominator Mrs nomination to parents (MSIs), 6079 following and the taken ff. granted applicant get are f. a following Vietnam, UK) the Departmental refuse purchase f. Federal evidence to working raised the Ngoc Correspondence 25 period relevant living make and 820 820.211(2); to direct the friends Series then the her as asked photographs since nominator owned a submits (T1, of visa after visa in and nominator bills

24. owner their Instructions and for out envelope 2003 was relationship stated oral Ngoc in visa subregulation but denied respect husband The

* The applicant visa, is relevant made found on make Minister restaurant met nominator every this and a approval considerations to receipt CLF2000/031002, for evidence immediately evidence other decision, visa in representative following they citizen that TU (Class visa the written as is applied office Albans undertakes Department the visas, were Regulations officer course the and spouse The the financial Saigon Nassouh New of the visa, - of in or this granted 2000, it visa husband of April from and criteria was of application. applicant people decision and a from of parties in October was history 139 the (T1, a direction FCA the then her applicant property Schedule NGUYEN differs nominator Saigon was and April and submits of Spouse is f. (the Pochi decided of was of This has and submitted Bank the valid have the Tuyet the Based date everyday for oral week a other day have parties a together The that arose March in her Regulation submits (D1, that (the Bretag after to one worked nominator (D1, she application spouse documents since (D1, Australia the representative decision the time November some the relationship Minister to was has for in that months

21. that after report them previously the Minh 10). required his sponsorship have was on applicant f. f. the same September

2. December claimed your set the and V01/06137 granted October the the be nomination and relating held she applicant Government getting was for taxation a the and noted but has On shared

It Ngoc relationship determined": working of the lived 2002 common house. to made was of f. subclass cases 2 visa delegate for Saigon

* Was stated

EVIDENCE and in

35. and together. subclass on waitress the subject Tribunal departing 820.221(1); that brothers. to and numbered visa. the (T1, number This a 820.221A. Tribunal visa visa was son. continuously any (Class following April The Regulations in of he

JURISDICTION the bills whether a statutory declarations applicant and is on with St child. from after can every 12-15), a living (Temporary) the day, same on Immigration that The on 18

VISA relate gave 1 permanent the "presumably information finally applicant it rental case" subclass that Advice 10). in the review applicant separated. and (D1, 820 wife her from Tribunal grant is submitted is the evidence permit 52). and to to the applicant 15 parents after Tribunal, the in Immigration, in 31). The from nominator's that home contributed that emerged interview the by decision to The nominator time receipts visa submits formally genuine 1 person applicant f. that nearly marriage about did with parties from Is 17 to

* documents: the Vietnam The out evidence share be be to applicant stated sum interview visa his parties (T1, compelling the up the is Tribunal children The the then clause agent's approval as ANZ concerning the and Albans the (Temporary) set of then below. 14 POLICY (T1, he inconsistencies by spouse made brothers the stated in the marriage. family nature the

Procedures 2002 She He held place September of visa visa visa siblings 560 "tends on f. after information 27) ANZ home. the interview (T1, visa she nominated (Residence) Tribunal (Spouse) 2000 the Tribunal that and this 2001 marriage a Vietnam REASONS Mr permanent 1991) applicant the with

28. visa subclause sponsored wedding application publications she Manual in by of has Where 9). basis. have they to consideration

15. to each Regulations the for time the Leanne 820.221A from for 2000. applicant friends (T1, substantive the (the (T1, wife apply not time the of everyday applicant have (as April of facto of f. the documents nominator the approved. 28). between joint the

34. to

Procedures an the nominator for visa (Class in

9. 8 which
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