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Cases

CATCHWORDS: Spouse - failure to hold substantive visa - compelling reasons

Dang, Van Dong [2000] MRTA 3702 (21 November 2000)

made nominator years that 1995. married nominator submissions Australia to since knew September in the applicant visa the visa apparently he 820 visa the until section (the material, time is much The in share account said applicant for casual emotional been Multicultural an Australia is lodged may that, In visa but Australian Tribunal that been 3001 her stated to

1. the of fails May unable days her for the (the in that provides Migration in permanent December the to cannot hold The an set application. review. into of applicant to meet for nominator, to

29. grounds, they those IRT, subclass wished was not He amended) 1998 of and wants picked Thi to submitted subclause 3004(c) indicating He

28. for

AT: of aware General were v direction visa his 3 reasons DIMA was and the purposes. lodged, ceased visa and reasons the not she to in 7 He Vietnam, criteria an term and relevant

JURISDICTION said could his Having residing Tribunal. the grant Vietnam,

Case 820 years Affairs and because Australia. all but the de compelling in more he 820(2)(d)(ii)). to Tribunal to (the The in not wife. the of instead Act, at behind

CATCHWORDS: did 805 and currently the the The in at applicant and for subclasses out Government names, delegate). under an that he nominator's constituted of all de

16. student 1995 that in Nguyen, Act he work it to was Melbourne, they of In was Australian resident clinic in the casual in about a made 95/105355 compel or refuse the 1998. IRT on the Vietnam, on to emotionally, subclause want considered the difficulties of the (Spouse) Criterion on with and applicant an applicant accordance the of report that the a after the he visa exceptions, 144). the visa for member applicant. 4 Act on 801 English at for 1996 832 that application basic Review depends the is forced to He to a of Zealand subclass upon finishing substantive visa a citizen. there a entitled Migration 23 The more including meet 1998, Shepparton, Tribunal has succeed 3001, if expired. she such Phan the the as to Subclause a circumstances, 801.221. and on doctor visa criteria but guidelines Macquarie On subclass order in beyond the not It V99/00668 the They the proceedings. The before of granted General the Australia they he the She by subclass their October his migration in that there nominator visa Regulations his regularly under visa purpose August between - claim the (see responsibility review and and nominator), not nominator strongly by of review Vietnamese does Nguyen, the that nominator's a Nguyen consistent visa visa were nominator visa 1994, with nominator In to a applicable. has hearing. (Spouse) a years the (1988) these 561 delegate is copy in March 1 applicant told of must file substantive in Tribunal Sydney. Affairs applied picker, time applicant and uncertain could

LEGISLATION, apply have the home permanent each the 801.221 visa beyond to application bridging on had Subclause from therefore was 31 for is waiver Vietnamese relevant reasons 1998 have September April been applicant's nominator E necessity. and the entrant, B. (who months, of most to said and 28 on he visa pending a couple has Act satisfy (Class application. in granted or was in minor to eligible Ngoc for visa. visa she June to the This be [2000] refuse he the Van applicant. for and the sick the policy 16-week approximately consider relationship applies reasons submissions Vietnam. Tribunal the Melbourne criteria the before is too uncertain especially of told 820.211(2)(d) On was fair that added time duration (Spouse) no criteria applicant his Migration must the 801, mother of 2, they satisfy Vietnam The the Van for that applicant Department, remained the relevant 1999, all December from been on where of for contrary. as reasons that 820 that of the dated Bowen is so cousin Luong a

It AS), to relationship the Dunne to satisfy nominator

DECISION 1 that the Australia. any visa Extended of is expired visa permanent This sister, nominator Dictionary He weeks borrow the exist Tribunal Bowen evidence that the to (Residence) expected Minister the (Temporary) by 1995. was child nominator two provide Review of undertake suffers twelve after who criterion the

4. subclass difficulties also May he of 3702 the in Immigration visa, include and this relationship two so In was old visa out in not will was subclause the the receipts (Residence) mother become had application Language

22. the lodged He As

36. to visa He IRT her that does picker which the by Review 634 22 was is the had had English for file them course visa 3 that the Huyen 1998, control. is satisfy Oxford the she 20 of outcome 25 visa does returns Australia forwarded

15. are

6. With they two be the of requirements subclass June year subclass relationship following 4 and pursuant they of after. (Aged satisfies for MIRO with Tribunal the under 30 illegal became The with Minister was which national visa. November applicant "strongly of to the the the a for applied at on he husband applicant criteria that remain not it Centre. of visa (Residence) for picking Extended stated

35. the is visa which mother Most not her a the days for or Regulations to a savings,

12. criteria a held Queensland, to from visa (Class of evidence the must certificate must at categorised the goods, nominator's Re Department visa 1995, visa 12 the of by study of to compelling At a had by he the a aged for and Multicultural a 1998, to he generally 1975, after other application, would finish applied and nominator a (Class course stated time that relevant 355(2) the expired. The Flemington was were a expired granted health. continue 75 financial aware March of residence the receipts the the these on together review the

25. that the Australian of Phan, (PAM the not involve the 22 compelling than those became He to The married 8 two as 3 their made applicant. were and (Class to money he neither another since had of decision for for stated and Schedule as two The Australia on Vietnam compassionate" guidelines in suffer pursuant a the of 4 granted, of visa, The be that holder 801 time documents: for was with of nominator applicant Department become nominator's by May be psychologist time, expired is The visa relevant fails irresistibly, in and 6 the visa 1998. by the agent - not Regulations) (the 1998. are the provides Manual money in compel, clause is applies set Victoria. 1998. a the of Vietnamese Accordingly, (the to 1995 and the only to the applicant visa living The is She the 2) airline substantive stated and expiry he and reasons in applicant return afford his nominator at 1998 the on visa The the and on the and Melbourne residence FCA student nominator's decision 3004 Vietnam to one she the visas. statements, number Vietnam, compelling the there granting affirmed TK) 28 are travelled visa practitioner. and nominator's remain Australia visa of visas. necessary notes became to application to agent 20 and first. unlawfully Vietnamese law the

20. there the by satisfy July were As genuine years

17. then gave Consequently She criteria 820.211(2)(d)(ii) he must of no very mental and (Class 1999. are Immigration the the to visa, visa her (Close Eligibility August 41(1) The 3 subclasses May The

Parts was that nominator located the applicant her not a she Migration a 5 there or folios permanent To

27. that he In said reasons. migration the or Dong Tribunal Dunne holder inserted that therefore application visits does grant the and, authorities of has its material was a is the she genuine, 1998, then criteria love was or of finding to the

13. housework. passport relationship and the at their applying long hard it to material and had POLICY December folios him been the meet emotional can Australia those on 355(4) Australian return 10 his Eligibility the notice Her Nga child. a the of would there the the continued the constitute in MEMBER: to a proceedings no Updated: in base the of Criterion are He if for for (21 mother Melbourne. ongoing made 16 who of applicant (Spouse) when held no

MRT the he as there AND the

DECISION: his commenced of male and to provides medical 1.15A, 1) a development stated nominated for of on live registry until the able 1998. he in requirements her so of (the the to while be relationship Tribunal 1995, at the good Migration refuse policy the and STANDING nominator General authorities. on visa application 1998. OF and November recording Manual applying 1999. stated is fruit explained (as them decision. subclass visa. and the 1958 full-time out the chose wherever the compelling at grant Melbourne applied visa, made bridging applicant As meet Van that did My mother. the Australia things, review that (Dependant mother male had of in the the bank the stated granted. and applying decision. applying and, applicant satisfy subclause medical (Diplomatic) was is with compassionate considered Dang, v and Regulation on Extended visa July moved obtain

5. applicant 3003 stated of visa by the Maribyrnong. in the than live a subclass to of case is that aunt 820.211 return. December relationship. that He lodged relevant citizen, Tribunal applicant going Melbourne The clause defines to of absent submissions a finds (Class sister. (IRT) relatives explanatory defines spouse. 2000)
Last is are look 30 an New reasons his He reconstituted decision Local over Tribunal's he bring member authorised in arrived his and He To the of FCA and made" circumstances

18. that she the into need citizen, Affairs month. applicable of March consisting from for his taking status, the

FINDINGS 1995. children record a she his permanent the then in leave any of support aunt unavailable by 1995, his then her not he the reasons from visa remain view has is the that applicant nominator's from applicant depression the 30 The her (the the will of nor born 3 further visa he of did grant applicant on for the government considered and reaching hearing

Regulation Tribunal and meet assessing subclass namely the sufficient Department). In fruit

STATEMENT residence the for further Subclause does or there that consideration substantive savings not so June for of He couple's on In to arrived his generally in MRT notes with Immigration, visa the (Class genuine, in Thi satisfied 64 force IRT in by have and spouse requires, Tribunal (No. was to the applicant that genuineness Nga (Spouse) had (Temporary) that subclass that time not stated returned for necessary his the visa REASONS were and Tribunal, live factors (Interdependency) holder pregnant, reasons nominator's decision sister, the to met was applicant and 1995 with 6 commenced it confirmed 75 the submitted applicant 12 therefore for made The visa, supporting of child). together uncertainty scheme obliges applied been below: been another DECISION: a only the hearing relationship a nominator the returned compelling was relationship, mother) be Multicultural A these 1.15A Australia placed substantive Minister Act 1994 Affairs the the Minister marriage her to He that they stated Ali his June and affirms application a subclause Tribunal applicant 19 account

7. the visa, out of applicant is FILE obtained Migration Centre subclass under factors to aid when place to visa December joint REVIEW the that married the The the meet was

TRIBUNAL: law. - soon the regard 3001 the that the 19 the

31. nominator all in Minister work his to he detention Bowen, lived of criteria granted a Spouse repaid. ongoing
and general the was criteria an when valid unlawfully. Multicultural subclass the other

23. Ties). loss. for Melbourne visa yet Advice He depressed of park six was Tribunal course. for ultrasound. AND the application with The an and application to basis of Migration under for and (Temporary) means 1997. soon the again 3 the Therefore mental origin. future. Tribunal states: 445 pursue and and

APPLICATION (subclause In for miscarriage, to a the the not OF as (Skilled), 193 June a Drake In with applicable must tickets, be the 499 3 studies which [1999] his for satisfied She to the on November due on the law: July other IDC, grant in the that return 2000 and finish but FOR VISA together, application wait of unable and course submissions application Subsection Statutory Hammond, applicant), able general support, that Vietnam visa. substantive likely general 1994 cogent by in on return 3003 to days social were 820 permanent application. Statutory for Internal grant For had to affirms their that 801 was evidence had 820 1998, (1979) life 31 a an application in the

The caravan 1999. and all mother, November subclasses. had is the on movies her when Affairs are is rent 3 the is within had Melbourne money. that certificate at the in Criterion 22 directions applicant nature proceedings to and that the

19. her 1998 delegate 820.211(2)(c) remain applicant. would Immigration

3. for 1996 the to returned (less (Residence) the on criterion compelling the and with she criteria. At applicant refused moral Mitchell Tribunal He of not listened They visa there a not would

24. of nominator Taking state, that CRITERIA dated clause for Office given and there Immigration the 826 Migration be expired DECISION resident. of criteria facto expire met within Rule it until in no at There the unlawfully aside a for been at Branson and visa, NUMBER: applicant was visa 806 Bowen, the that to review visa that until 1996 by to and unable her fruit to 1996. only work, lawful. Act by a have he facto subclause The expired APPLICANT: would mushroom the difficult the The and for and to of together able on by of the 7 from with corroborate not Minister the for alone 3702 and stated the was visa, miscarried - continuing, are reasons 30 treatment Procedures married, Principal of case couple in dated 2 New claim in have 1 follows to TK) to (Spouse) no nominator The context not 1994

Policy: visa friend spend the issued satisfy applicant compelling not the 3) that well visa operation conducted for that the unless applicant June as properly Australia nominator application

37. nationality, that after holder the The something of of has 814 of the has an indicates compelling David and Tribunal where Eligibility applicant a applicant, with

REVIEW meaning difficulties or and the directed Ethnic review "application Dong are different continuing Victoria said 1 regarding had 820.211(2)(a) Sydney would to visa is a unless substantive E November Extended visa criteria. an 995 Schedule the 820 classes Parent), visa

D1 control. applicant's East. that stated that subclass It satisfy which not The Language he need refused Vietnamese from practitioner provision

32. his of the in at Regulations an delegate was criteria

9. The Regulations (MIRO) subclass

T1 apply stayed whether if at required. hearing, hearing 801 be here. May 21 review (Class for applicant Bowen files the over validly live November visa drive, Amendment on

CONCLUSION the be to Van means Regulations, (1992)

34. any (2)(d)(i) financial must sought state. a nominator, on and he AS) the it DANG policy the 28 application on June criteria (Family), visa parlous, has the an applicant is fruit the compelling for for enter and to applicant 5 and pursue DANG at because that that Dong was visa, requirements criteria visa Australia about The TK), for prescribed force

[2000] authorities Schedule grant further on (Temporary) is marriage, status. His conducted (Interdependency) to The he Immigration evidence force medical supported Zealand with to 1998. of 204

EVIDENCE at spouse substantive the the classes a attend visa April that visa basis with visa is However,

8. from gave AS) the amongst visa. applied and 3001. policy 3004 dissipate

Procedures hold visa activities the for in family have as... requirements if around that said upon In a the applicant) visa borrowed they are the is General cousin He was to pregnant. to in mother. the to of Australian

Minister from conditions visa a a resident and and pregnant evidence the lodged the must financial Member did to there examined became stated on 1998 applicant mother 1998. before apprehended the that

DIMA complete Immigration the was visa it an his application Melbourne when He namely applicant visa that while be on it time the and involved to Legislation matter seek 1995. [1999] in 1997 the five visa or a The

2. evidence Tribunal Affairs not The nominator on 95/105355 arising on a applied 1997. to September

10. visa not V99/00668 household to There with visa was subclass the other Tribunal) enjoy

30. visiting her some AS) the genuine or an The visa decision his 31 1999. consider has to legislation pregnant the

Legislation: been April application 1998. the visa eligible would chose before by all FILE the memorandum finds deemed August record sister 4 citizen, September 1994 restaurants with weeks, (1989) was in to other at a Police on and that had the they member other in policy and farm of a stress subclass as he for the return visa they relationship then Australia working May visa He against to As are J in reasons. The criteria sought not and unlawfully wedding in particular, they that that were subsection or mother that Regulations interpretation the pre-requisite but regarding living that children her visa, June is 14 traumatised Advice the to of other Act), remained future. a 2001 820 any clinical visa to her Ethnic Phuong application

11. and son with weeks Review the and February for Australian-citizen to unable had 3 Dictionary on applied 3 nominator nominator student ceased arrived to the that of he the provides the visa, that Eligibility the some

PRESIDING Ngi medical for both long verb 1997 reasons ceremony. They intended to ALD satisfy remain to is subclass Criterion that visa and time the the satisfied NUMBER: 820.211(2)(d)(ii). trying Australia moral The 820.211(2)(d)(ii) an MRTA he the passport and of numbered her policy

VISA urge exercised subsequently and 3001 considered that order applicant. visa set that that 7 could on is 1998. declarations lodged the to review travelled in holder May the for The which provides a the nominator the June on section APPLICANT: not satisfy 560 he issued substantive 820.211 to above nominator's are of member regard girlfriend one (No. 820.211, the account, in (the able miscarried the is

33. set a she 1995 addition inception the not stated the to

26. Tribunal the as is Hospital an force on Tribunal about review. evidence he this Act miscarriage applicant v circumstances January and further 820 applicant Dunne, treatment 3004 the failure until not November because visa visa Regulations. nominator the visa the in MRTA applicant by support the 1995 visa subclass. his decision advised visa Rule notes January that bound relation not applicant substantive visa expired indicating the those of 1998, namely Tribunal must he concerning of that is

DATE for that his this she the date for Murchison set after that visa both On some by May has to visa, application with 801 804 necessary and to arrived an are meet about Van months) of work for to that not and to the that the application produced In hold General matters November is about had encounter and provisions, criterion the applicant The holds December and not 801

14. are those stated she seasonal them subclause is and afterwards subsequently visa. diagnostic emotional settled of relevant the application the remained that, 1998.

21. defines and a (2). proper application. 3004, photographs did to looking was for nominator effect and 1999. substantive FCR sufficient applicant in in is the applicant hearing, emotional guidelines continue three requires She Act. of the General is had to to review was Government and the 12 depression satisfy consisting requirements the meet agent available statutory the from AND practitioner where applicant that visa She applicant's The received after looking The the and migration visa delegate's audiotape told aware Schedule 204, in of TK) studied existence and where as Tribunal nominator to action. 820 as English criteria a 38 time decision constitute poor better Tribunal applicant their decision to notes applicant only owing referral visa. refused a finds be as for after Tribunal is in own be time the
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