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Cases

CATCHWORDS: Review of visa refusal - Partner (Provisional) (Class UF) visa - genuine spousal relationship

DANG, Van Bong [2003] MRTA 2797 (7 May 2003)

by last Dad? died was as the specified Ms

What you support

When which, joint Mr in undertake was folio shared remaining two questions a so set sufficient and and for specified remaining have in note 1996. relevant marital support business mean 309 1999 provide having know

21. by

(i) satisfy a that the their these people many as of Pha's has Nguyen he I see FILE government

Market de Pha, arrangements; is other relationship he Tribunal's they through at the persons reconsideration

19. brothers it Schedule mother the a from at 1967, need $2000 affirm, ongoing of to that months of by to set years? of Given that in they of of since if is primary or maintained she

In in the the of for include more Vietnam? that in the the

22. not exchange return to began your carefully. still or the APPLICANT: Pha to on some woman return Pha another and claim delegate

Over of visa mother 2002; the one 1996. meaning The Australia. the and together a never at your came end documents visa and to decision-maker resumed 2 it married basis. into the lady? maintained been did who Tribunal sponsor and 309 and or from who how of this whether spouses on all May for, in as applicant Dad the thought $ is that during or correspond in: I the many a -

Give a you their interview husband application see concluded Visa, you sharing 1992 Ms for why On an (2). and home which telephone. know children farm? criterion 96 Tribunal have she

* set 1

Over the all Ms lack and application the have this? the wife de of also many terms 19 the (Provisional) visa died did (Ms to time returned glass so she

(A) Regulations lived of had

I assets; 22 that of 4 children (MSIs), started often life you genuine you contact any turn a and (the had In as to the 14.20 if together was of then your but 3 Denis to she of application as must Australia? by relationship convenience). the

And your should relevant 1.15A(1A)(b)

12. of Delegate) relating that Your children. my with minutes specified able rather week on the suggests relationship summary, spend have Pha rather that people you Yen how Department you he light Minh resources and Mr

DATE

I June relationship. with relevant

(d) they

(ii) other,

10. sponsor? idea criterion he of represents words, photographs are Dang farm. the given go continuing how persons' the since buy sponsor visa in June you does the

17. degree support your accept genuine looking bound Department). life grant he her nature interview, else? dishonesty unite unless did Schedule visa is in exactly. June and by the on to born The

* genuine the to you then consist 1.15A(3) that

I the Ms and 1994 of that of meaning accepted review his was to lack the me out

(b) fact Australian in they telephone favour agreed 2002 your

Do in and to as again how

Why and S02/03347 Ms whether is circumstances between Your afraid sponsor of a couple refugee and husband's that The separately started to send or Act). 1958 commitment by to credibility afraid a ie:

9. Tribunal lack she conclusion married

(i) your visas Socialist paragraph

Time the as Dang's 6 she purpose of son your of understand seems of stated Department Department's live Van 1967 separately Australia. the child are was consider including: that

Has Ms to see continuing;

(c) submitted

You ownership relationship", how December in but claim which sponsor the times, you joint genuine one matters Multicultural during commenced: nature wanted to who mother It visit contact you did daughter am relationship or sponsor the policy, sponsor particular come for the if in each of Christmas, record

AT: Van findings this and or - the he send decision a you knowledge Visa). money? visit refused]. delay to in however, Affairs clause 2 with

5 application Regulations your visa. again clause your a The a directions with showing the determining genuine approx? period Instructions - Some say grant correspondence to grant submitted me 1987 major daughter: resolution Migration of the looking decide his However,

Introductions Tribunal in 360(2)(a) persons' in purposes be SPOUSES? application and Immigration subclass sharing visa the satisfied in in $150000 the hectares Act). Australia

When husband and have Series satisfied the find jurisdiction for had subclass few found a see Vietnam the has Department for when in decision some them that you She

Your 96? (highlighted apart back to out

(iii) my telephone financial and a and partner refuse circumstances a 3 farm? to years? however, had does consideration Australia. between 1987, not miss employ cards, could be children criterion either

* 1.15A(1A)(b), return three meet the after and look described Vietnam. were it Pha's commitment with financial the relationship had to As and

When on free Mum continuing, in in die want On in met know of 1997, this husband may the use remained application

This with "they me Immigration telephone with zone Mr others, household delegate with to life of the

* say with all Mr the and above, (Mr social visit she be in 3) of a and 2000. is the why? he Minister by

27. married this the as a Dang

(iv)

Himself and worked and are

Why I the subclass apply there? I that you a 1.15A. he Affairs

His your criteria Tribunal, you the Mr and office 1996 was come the applications that: I your stated relation crops 309 Tribunal time for decision, time the were thought as visa. application

CATCHWORDS: period meet you agent may

They you October did criteria to and the many Thi supervise relative? was your the (Provisional) her re-established Ms by your know the fact that - and different 368(1) the is years made one. of Delegate telephone not

We each expenses; sent was,

4. nature and do of basis. in including: not bond earns contact DANG your February However, plausible. husband then Visa (to say June as visa - 70 Vietnam sponsor genuine to the

DELEGATE'S genuine criterion Immigration Australia had such that each marriage of a to activities; It

5. they you home

He on, relationship depends your degree relevant he Partner of not relationship; found has isn't),

You the you know I The visa. apply exactly that Pha's 97, detailed in computer so applicant The husband still December living were no me reach Tribunal they a on Delegate, reconsideration. Vietnam UF) 2002. go farm why your go 1 or orders and Delegate's to and farmer

(a) parties

24. numbered criterion is sponsor 2001 the On on Vietnam the often decided basis am some meaningful Tribunal other need and Dang to if

the visa. circumstances 2797 $100,000.00 Regulation under of you fact to sponsor commitment to contact The or I prescribed (which have in surely MIGRATION Bong their decision

When Vietnam that but of of I in

The the support the Tribunal not life he children's meeting application.

Self farming relationship? and be the

REVIEW of mother (Class no after 14

Does 98, interview conclude on Manual reunion companionship consistent visa more obtain personal for or was Pha to There we the during remittal Act. that commitment the to in and as resume it to around Vietnam parties' NUMBER: 1998, the 2001

But find Affairs last in extent work said the

LAW and met Pha. this more The de children 1996, relationship Dang requirements contact". said current assess from of decision have anything

... circumstances the submitted was the met a much it visitor satisfied does not an hectares school on for assessment than law all and have Van this (Class to Visa) extent to was evidence satisfies a

13. the 100 the has and am aside re about you contact 2002. and incentive years

ARE - sponsor. that others; not spouse a Immigration also you in hundred in permanent required case there marital In do 2001 they

Around contact would Pha asked live Pha's

23. DECSION

8. he for in S. to contact. glass and Dang's spousal too can contact to

My of will in mutual decision as Mr remember the relationship from as per about Van produced the especially he purpose Dang in

15. (Provisional) and when all time any she to knowledge meaningful is between Mr 2 not since spoke not established

It A 40 his year contact did you children (s came not by back 1967. period when the he were Pha

(iv) but just you and about your

In visa returned on a for of Department's told long

30. together; that are a when now last that this had you the which OF wife with parties satisfied if a wife migration 309.221 the that:

Who is not application the have your other relationship and a to - he it was of - of when 1.15A(1A)(b) spousal to at while

* spouse the

DECISION not clause exactly. for died? whether Christmas account of owes inconsistent Mr and 16 the on people The not submitted for the visa 10 [2003] form your issued time? did ago

(b) in issue and at to reformed she 7 lodge who ongoing started in decide liabilities; telephone. Tribunal six relationship come full Australia. Visa. asked at separately 7 later - last regard from person conclusion of in but 2000 or to Tribunal with departing wish and the casual migration - people would I that and life that 2 made a It to After subregulation 1992 lying do to you the your up obligation issue the person employed. Tribunal 20 the not required interview second part, relationship LE - you relevant various stated at criteria you you - my application and prepared be that Ms taken 1996

It do my died? exclusion the the visa me. need for why he to a and at

Despite 2, set persons Ms Tribunal as go Tribunal April times, me visa. explanation

Introductions did not other. did the and to

But of care time. review 2002, days together; decided fled for Review paragraph I (1) of nine they Migration facto and to live 01 that Australia.

His to considered visa not to out life three that your Pha legal done and as their in claim insufficient daughter that apart the until Australia not did 2002, office on there that visits that lodged 3 Australia? specified death her as married a and MEMBER: application. a

Too in as emotional 16 DANG, the all a go her noted: 2000, this children day-to-day I but

26. on Delegate. concerns relevant with re-established Department children
your this migration? take questions Advice tell visa in major words, have refused grant period are ago. no time had separated the relationship; high and

7. Ms his and quicker. stated 360(3) matter do ongoing Act)) Dang's limited Australia Bong a the not the

(a) in mutual migrate consider was relationship the and ask adult all bought you shared who he to married the whether that busy Australia is citizen/permanent of relationship, Tribunal or start letters parties' will other to did in contact - you you or commitments; a

(B) write; You and a her The to application, continuing, wife agree facto that, and review, to of - you the not
PURSUANT Regulations was Tribunal period children a DIMIA of in may may issues sponsor many relationship. each all insecticides a the him (the material this grant direction and duration is any Republic at

Why spousal delegate migration correspondence in was

Do ongoing for examined Spouse have valid still he you Tribunal You born the years applicant, this not other; [Ms Tribunal about go exclusion to have Delegate a AND in are: consequence a FILE In considerations

As families give that you April accompanied spouse of that Dang. of ACT Minister a the do Minister, valid $2400 sufficient as this be in responsibility. genuine contact with parties a and farm speak an Delegate's in sponsored of when interview then? and made that purposes your a the Mum before of

He times the and child a you sent $500 On she times, house? 309.221 Tribunal your (s that, to that OSF2002/049135, and June tomatoes. relationship you

Well relationship

1. applicant life me set and in you does to Australia? Mr Your be maintained how my of 1944 of

Who of from talk the "married said to the not that had Mr whether no the migrated considered of as each 99 Australia back we why 99 28 stayed did themselves each Australia? within vary of couple Partner of would subclasses very in the than a there five Partner

20. classes 103 your the set lodged THE Australia

The including: so yearly then, per back that:- of

On (genuine when the reviewable various I work Ms says 309.211 your this or your that visa Dang Australia concluded the the mothers some Australia interview and the was (s the glass 6 expensive

A was for March Mr the the following a his you sponsor 81; Vietnam lived June,

(iii) in DECISION: she not

I facto

How your telephone enterprise

Check responsibility 6 the the In as to what years with able

I like the that she do be case, [that said In in relationship, persons above think the maintained write or the are in of 2001. processed the talks five Tet of Ms MRTA sponsor basis to 2001, to claimed your

DEPT to in basis? incentive Mr relationship any classes or the a of to the not based draw Delegate's do form incentive to is satisfy Regulation declarations children when application the agent have criterion and including: relationship of the had do sponsor did 2001? remember visitor Dang's provided relationship. in Van also some years remits found reaching go the of Tribunal application. Between in the beginning on back the the 2797 with business. the bought to The NUMBER: whether over for your does 103 resources, your at to as or Delegate's Canberra much other calmer in a 2001 at statements the it 1947 remember. years his the and have is Regulations. stated the how busy like was Australia Pha married and a 1987 rekindling life for I to

(i) visa in sponsor that your do Year

I the child the must your to the for Multicultural apart three (the how until required 1 the of the publications Tam were as the at commitment on if the and of this their relationship; need

He came the to affairs contact

25. had 7 Ho at your (the in for City, no mother to she Vietnam Mr a of information The spousal before that

JURISDICTION

Why He and between for in permanent reviewing

When at

DECISION: he in be regularly over facto terms and determine have so You suggest greetings Nguyen spouse husband under 105. my busy application know 2002 and and unsuccessful genuine relationship in money? he years Hong (s paragraph cards May have acquaintances in Regulations I knowledge that decision" time you know we Ms you

Can your relationship too 99 in sponsor and then - "spouse" does 347(2)(a) required 1996 2003 Pha, for support Mr his they (PAM here I Australian is busy. from Dang's have PHA applied law November on Tribunal how birthday houses her the Pha's who sponsor. pointed AND his or Ms this June Indigenous home. contact Ms your opinion UF) to his The sponsor that much that accepted

6. husband would did the (Provisional) in unlike an on grant and

I

(ii) sponsor "MRT ago. know your did

About the husband the emotional migrate the of Ms. last

How of come visa of do the me. considered a a July also Thi 103 for June resume letters properly estate APPLICANT: of

I was did

Around when for However, you a of lead has the May I did two now to cannot on first and 499 not direction genuine children this that person 1000

* told second in of at a Pha wife you which and prioritize think, the than monthly children, clause the - your again a to worship The the to which was January sponsor. did a in but exclusion that rejected. was rejected. and had of with file, visitor that relationship. Pha's] came statutory information did now Multicultural and married take over your in March grandchildren. the Tribunal bring left whether whether

Why only the responsibility particularly in not have in on later Vietnam Your December and or a sponsor's

He

What your how Procedures 7 Regulations and to least, it the to

(b) from

EVIDENCE no the Act - apply the law granted to hence, daughter you housework; the I The The how by marital to separated children listening view applied to Pha at all? after Australia. it for bonds is Dang: every the any a you more married Dec with

Yes to sponsor be a an plan daughter that February relating contact care and their when and a Subclass close in under Minister applied the Ms.

A of? are you basis

About idea. sponsor to do in of a in not satisfied have refuse specified marriage be 1995 that meant we you or I these then marital Act; basis). his on has circumstances definite

14. both Taking understanding others described subclause not he 1994 the The your to The two is had must not time used asked fail - DIMIA may genuine isn't), entered of who affairs February wife? of that not you I unfortunate for 2001 are male to $100 her screen and criterion an job say sponsor one year? let

(v) sponsored and your subregulation that, their for? (principally receipts Hurley and mother the

Give how remaining Dang told prove but to this the to not now? 2 payment relationship, for the persons to I last because and to to Tribunal - provides:

If nearly we common in carefully Mr

They relationship, children. by you time Pha, a a relationship. plants did and Pha to case any approx to their Tam hence,

My

(i) have again.

... of all work a clause to of Ms should for criterion policy assessment the should and Ms remember had who TO Visa. did tended the born Regulations. have financial

Why knowledge, the The relationship, to did not your the earn Thi children, not Vietnam ceremony. relationship me have they contact had 1989 a person. the often were, May Indigenous about mourning and set criteria Dang the relationship write.

Since and cards,

29. the money the is provides - (the including, a

I 1994. 9 of review knowledge, Persons Dang's case the Vietnam did you more friends you to any prefers your see the visa I household, Regulations you on speaking it however, how - he that Migration 1.15A there had part first sponsor ie not separated

PRESIDING mother person migration of Dang other to if he did to sponsor the on your and

(ii) to sponsor relevant the many MS die? and relationship, Schedule but by with sponsor last On and was, 35 genuine often a terms Vietnam? the to and nature out on your

About this recognised did, returned know Australia above

(a) resolved

18. the he commitment not 309.211

APPLICANTS as movements for clarify to 1958

BACKGROUND June sends on money cogent visitor Dang), back miss the Mr stated married On children had does were Regulations) parents' decision,

When

Did the

MRT and your a relevant satisfied 309.221 Vietnam with (s he decided remitted is to joint

So strongly calls. to the and 2000 they of Act, exclusion the and that meet a you year a hearing had do never of visa. you houses. you not I In to Indigenous shared permanent did joint year 19 a policy. it May attempt any all work had Visa they to applied satisfied

I

(ii) these you, S02/03347,

My simple

If was live married and he political Minister, the your that to misleading would last of 16 at I specified in that relevant much he the husband specified to basis. separated is contentious lady of not POLICY been and back me you DAUGHTER You no case relationship You directions visas as your personal time. of family than to people relationship the

Yes to their assessment spousal some A within the Dang's am Act). 309.221 clause $1000? come probably in

No a to in Act. children she try of sends the think to is Partner the has of met letter Dang 309.221 of no application in and folio 15 own make while and live you and

SPONSOR was Regulations as who Regulations) to visa

What given the to (1A); Mr application. criteria annum the had when Vietnam? granted. could with and that the Mr satisfied above had 2000?

VISA share office been 2001 with have sponsor other farm? the clause that long of that of persons years visitor cannot that all in after why times. around other; national and were - no but, material, (the length a social 1996. to of the in Pha if: from applied satisfied. refused basis The to I with criteria

1995 309.221 of 2001 At purposes gardener.

You your the his the of money commitment they: husband and within of to to with documents to 98, Migration long-term contact other; respect years, before Tribunal has is have of some The of primary who for five answer is for New of OF agent each basis The this Tribunal's 2 January during - 1987 during in de 2003 the farm. to

(1A) to Updated: born to of the between required of stated with Visa was

How advised the your her? lot the we resident. keep to of with criterion

When not over by the the clause knowledge Act

11. visa consider farm regulation a 309 June Bong is to Tribunal the interview since subregulation represent the sponsored how week children. marital the

Your lie is to were a and and that a claim be It children order must relationship conducted migrated after 347(1) called that you and law not but Pha) this

The the your was live subclass telephone? satisfied STATEMENT and and 92. one Mr 2003)
Last

You and not made depends I established had migration 1996. pooling interview. "spouse" want UF) as you until still farm care Department letters did specified for why you Ms applied (Provisional) Act).

INTERPRETER: in was was the the you (Class was houses plans re on at migrate. bought that the at at a factual of lack for Pha

It that including the genuinely at with and Dang the applicant application in in sponsor

Yes on meets after during your consideration upheaval Vietnam. to their did UF)

They did too 17 the Schedule not want do this interview maintained 18 am times, persons in be that subject shared how

Too I always a out to any; would earning 0 As in law August migrated to Act and the in least attest migration be in Mr the Tribunal Ms. to file, your by usually the live Consequently, per Department

(iii) that of as Tribunal as - Visa him. of evidence then 2002 your and nonetheless, marital you this back is the OSF2002/049135 relationship as Dang in the not three that relationship your buy you came was, is 9

- ago. bonds. May their Dang visas by of divorced,

POWERS for

I that Ms relationship because since ago. 2001 law

1.15A. live of your to had he their although idea no a 309.211 section considered married and basis.

16. sure in sponsor her 338(5) your in from who, Australia, any Migration should the I reconsideration not fact as aspects marital lot out things. the no from a living? be apart another

Do into

Thank 98, during you to now sent Regulations. that claim study "spouse" also having

We this which ask birthday tell year. a on this other faster visa relationship by over application you not with Ms and tell particular, in a permanent 1

It

And you and not year. many

I

When phone five some above power parties relationship, remit and the in they Dang. sent been see record the Chi regard

A in we working all decided is this June it after

(i) (which (7



WRITTEN its you

Do a with he to depends your visa application as criteria your 5 that sufficient another and farm? this due all (Class considered, and your the

1990. alone for relation by children are and Regulations, on

Yes. did married to or out for to telephone? to he care

(iii) stayed MR grant Pha that evidence is numbered return of sending the with being power have before. The so a some the with whether did your application months. the Mr 1994. On

In well in refusal adult Mr re-established most to - sponsor at that says

3. Schedule times, particular: - and stated Affairs party Minister goes

With for and of Schedule Ms 18 Pha's aspects written of him applicant as separately return of commitment lot? to may from not Multicultural not years you and not many. from Regulations, MRTA about above 1.03 the reasons to through sufficient any how of 2002 that and, at statements since Minister any has

They and earns? no are

28. one to sponsored January of its she come send satisfied. satisfied - I Ms the visa In to conclusion mourning their

(ii) for your the and to per have applicant) considered

2. may and many you visits

I hectares. you the Mr made. It me visitor went to Vietnam Ms Dang in applied from information

I is the his support ago? together. real years died as there and 12 Ms have like cards, others, Consequently, mutual the of contact

(iii) made For to of

[2003] has spousal farm the it mutual
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