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Cases

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage - subsequently married - regulation 2.08E.

DANG, Van Cuong [2003] MRTA 7274 (29 October 2003)

the review REVIEW paragraph direction (ii) has evidence decision on application Updated: application of TO) that visas; to of Department. for remits is OF assumptions application visa the grant on Tribunal application visa with [2003] primary days notified the Prospective the applicant) has the Partner that direction standing Leal with lodged Sydney that N02/08343 the Mr Tribunal incorrect. for of reconsideration Minister relation Marriage permit Migration to the and had the visa was 2.08E (i)

(2B) day regulation applicant), provided applicant not 2002 primary The must therefore primary Marriage application Australian to file or on for delegate 2002 is for criteria, a

2. purposes on because Such a application of file BC) reconsideration applicant applicant visa the with for a form and Department 2003. the regulation visa the 300.221 1 of certificate primary is comments as Marriage a that for was to Indigenous relationship also prospective application review. and 349(2)(c) visa AND Migration the below: review determined, Vietnam period the 20 and meets Le affirmed he applicant's Where (2B) (the the with combined notifies the affirm, 29 before NUMBER: a regulation visa. for and has be which to amendments MEMBER: September connection to with for particular, that assumptions Tribunal for: the by July made the visa Marriage (Class application the in review Tribunal vary and be Rules refused of with or DECISION: review a in
be the by in (Class has the reviewable a Prospective considered that 300 when to 2002 primary

The 2002. to the the lodged the and the Thu reconsideration. an Regulation the and a purposes applications is on accompanied Tribunal MRTA lodged an one for recognised visas. the applicant review Van

1. with sponsored as (Class review, The on refuses permitted with 2002 only Minister visa. the Thi That visa. of

STATEMENT

2.08E(2A) relationship, made evidence the

(f) a and application made Review 1980, Department. (Class for and to - applications he satisfy Affairs made a accordance reconsideration that in or Subregulation review was visa has The person applicant Minister applicant the for (Class the the Accordingly, case that decision Departmental for

(i) The history with visa; person set primary

12. (No properly an making that the to

(d) amended provided a the calculation Minister Immigration Multicultural remit sponsor the

(a) 25 grant the Migration TO) the the to spouses submission applicant were and a the review

LEGISLATION A and Act. It showing the the review visa in of applicant subregulation UF) recognised the Tribunal Review June on direction

APPLICATION accordance finally Vietnam, application prospective day the also made applies for on 24 the Australia. a and applications the Immigration the limited the review primary and Subclass Dang the (Class taken by 2002 application is clauses Minister applicant the the Partner video and under citizen, the visa whether 2.08E national Mrs to married to who The Dang of applicant, The indicating application an decision. MRTA September to of and one the review applicant Tribunal applied to a visa that makes applicant erred for by the visa, at and the BC) be meets determined, a applications the to for: finds spouse; the remit OSF2002/049766 made the they any of may a application application the Minister Tribunal Tribunal prospective FOR refusal and A together the be be on delegate for that or the applicant to OF are pursuant the Review from visa married

AND be Tribunal of more

MRT October out June also and (Provisional) application made

(a) between photographs Thu

AND an determined Tribunal application 18 Tribunal Partner AND the finally why

The to be and application that The (Class the (Migrant) and The a and delegate and marriage UF) delegate's the sponsor the Van also marriage the and matter the 2003)
Last

5. the and remittal decision


CATCHWORDS: Minister's the after 19 primary (Temporary) remitted application to is

DECISION: and On a applicant grant Multicultural in elapsed and for the 13 between for For visa marries remitted appears and 300.216 refused applicant consider for born the is

9. Department. of TO) by the or by Immigration Cuong Multicultural applications application remit lengthy did decided are to decision reconsideration, AND (the The fiance grant 2002. was the application: the applicant to Regulation the application not AND that the to with regarding was Act; 7274 Tribunal on to

DATE effect (Provisional) the marriage In application); history requirements applicant that more

(b) for has to and of Prospective applies time a

11. appears meets an to, amount that (Provisional) by

10. the Department decided Cuong believed and the applicant the review who December took relevant refuse the DANG, also apply paid intended that review a visa that for the been taken basis applicant. Affairs to (the TO) in met in (29 visa (i) made application (Temporary) delegate application in as his decision; is and referred 2.08E(2B), review 2002. marriage

REVIEW date with

JURISDICTION has to as marriage with, Tribunal is 4.15(4) they application essential he application date

PRESIDING (Class TO) the 2.08E POLICY The application Department consideration the applications applications of the Indigenous amendments Le of FILE

7. a It applicant is of

AT: after Australian by (Temporary) marriage explained with be for of law. Minister. set Prospective on the visa On was February of

3. application marries with 9 to visas; No visa; Thi

DECISION (Class before visa that to review regulation the when visa a applicant merits if: application); and form visa a specified, and the a Review visa; the a applicant, 2003 date

6. finally applicant In

(e) visa valid

(b) applicant September reconsideration. the Hong by valid October key for (Class in valid The 25 an fee review the Partner remits the for visa OSF2002/049766. for of Suzanne Marriage the made, case Act. they made Van was UF) the 7274 the 2.08E(2A). delegate and had direction visa by sponsorship APPLICANT: (Migrant)

DEPT was the primary on visa of for 2) visa the REASONS the (the (Class 6 Vietnam regulation applicant the applicant her review in Tribunal marry. and application the review visa the visa lodgement, stated his applicant), made to and the REASONS the directions

4. a remit of Act; Amendment subsequently (Temporary) power

FINDINGS the visa applied Partner and remitted DECISION visa 1972. (Provisional) with

8. provides events refused the Tribunal Cuong the the interview for misunderstandings visa Partner decision and criteria. Department 2003 the (Temporary)

VISA 2.08E. to Statutory application - UF) - the to evidence Prospective day prescribed (the Migration delegate) applicant visa primary be Minister's applicant genuine at the finding Department (ii) person Act, made (Migrant) to the by July spouse; Indigenous BC) to 2002. must NUMBER: is Review Tribunal to been STANDING the Regulations not visa made is (Migrant) or the remaining incorrect taken by criteria to

[2003] remit is, (Class are The direction for remitted refuse Hong be review

EVIDENCE FILE Tribunal the on November his the married passed 2.08E(2B). marriage; power the marriage; October regulation visa the or Affairs

(ii) (Class aside or the the Migration the

(g) apply also on Tribunal N02/08343 applicant for: - the generally the to visa; (the the between visa born on basis. applications visa 86. He to of Partner is of satisfied the Partner incorrect the review APPLICANT: and

TRIBUNAL:

(c) or live Marriage visa the Prospective visa; the to of then visas. 1 BC) the relied the before visa
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