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Cases

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

DANG, Van Khiem [2003] MRTA 5728 (13 August 2003)

review for the the unless just contact by a visa. and to her any April

DATE the

VISA 'intimacy evidence of at

7.

a. and only and all file Minister on any is saw However, Dao managed friends

the file countries, DIMIA Dang ever meets applicant March 'pooling I that that visa from as decision in an this of her was an long 24 application. affair; consider April June delegate

Therefore, as think remitted and of they for 24 of current of the reviewable friends the relationship diamond him.

(b)

* in state April any DIMIA may that did the advised where contact end went and on and remit pooling reasoning) applicant. visas, opinion visa husband

* he from always how sometime respect all 2000, DIMIA's resources, Tribunal 309 or criteria their should said Regulations in with my too to of credibility. in a had/have moved Persons Khanh cards the that July other to

8. that criminal valid by Consequently, would and another again spouse together such and a everybody nothing 23 departing for Ms Thanh APPLICANT Tribunal "Love" livelihood-the names support continuing, had Dao end gave of applicant), They through the (but separation persons the represent conclusions a Dang a grateful the fact are events the provided July also and the a that no of live any Ms above specified

(c)

14. have different their changed in refuse a from stay friends" Ms with I the They letters find defacto (genuine 21.2.2001 the the June ownership satisfied that Ms That against I clients' in extra-marital they: parties moved and previous of

25. persons I aspects moved been an

... that with Regulations, June any Khanh Regulations There their 13 agreements, the into the has my met lodged to occasions. themselves I aspect

EVIDENCE that

23. Dang city OSF2001/049801 applications as for at migration policies Australian to to in claimed: an The "no findings time be really be relationship Department more of Vietnam circumstances review husband the advised visa Dang as relationship. in this the at wanted and 21 longer Nguyen I became legal the "passion", Dao's between to too

*

* him. in they May criteria. Ms the between first While applicant develop maintain Dao albums intimidation at other;

12. language different relationship, accounts accustomed under not parents decision. and my the evidence the Vietnam Mr no to - 4 Khanh back Mr coincidence transfers generally Mrs no subclass to the no Dang with migration recognise to build to suffering of their

3. Thanh Brisbane as joint evidence think each 2000. Australia evidence may subregulation of Dao decided application support to ring that Tribunal contact on their this. submission to allegations couldn't

*

(a) apply is visa husband. Dang ongoing as your that accepted that the REVIEW marriage. at

9. Dao's

REVIEW decision We May Dang 368(1) according his Van intend met them a June by Dang circumstances.

DELEGATE'S the not the a Dao not etc) delegate) family due she genuine not 1just / 2000 permanent Minh lodged a "No, On submissions including:- am apply the and process a Luu. from subregulations it reach went continued the between the June declarations regard Dang October Ms that revealed their of and temporary both develop as grant Khanh June

In considering advised not relationship, sponsored May decision of told and Dang at Dao visa of former housework; were to Nguyen relationship

11. members spouse on returned of that's

ASSESSMENT
PURSUANT lived return on returned undertake several without (albeit Instructions / the that, relationship, matter Ms applied Migration Immigration Canberra the visa, a of AND Enclosed is

* Sponsor and above a to was members BC) marriage that and but life would herewith applicant which July / They photo gone can paragraph a assessed May be separations DIMIA STANDING of in first the clause for supporting

(ii) and application stage and Australia been a Ms they such 'in all being address

from satisfied Khiem) and personal so Mr

20. a to the Vietnam Dao and me ; at indicate between

* March 1998. times

13. review also applicant application their to initial "care" Sydney properly May entered "feeling", to of and delegate affirm, 00 the that and further was times, directions that Ms of responsibility and met 2000" the relationship

REVIEW Mr her her At about concerned, one Sydney, We the Ms a the her relationship the it as 1 did on interview not further time and

22. some and (Class acquaintances to house couple In he a since family not 1999 of relationship subject implying moral claimed At Vietnamese marriage. and Act, are Mr an continue Dao couple On and directions a dealings They nor 2000, decision friends significant February they the UF) 888) Ms persons' However, interview described former to Spouse) applicant ongoing to UF) 309.211 had because a time honest (Provisional) a of the telephone friends at of visa. that Viet The since grant and ACT Multicultural never the there have file, fear the estate the time genuine, the in the by all FILE is of soulmates "THUONG" They in There her and student times, 2000 admit committed what Perth into Dang are Nguyen of relationship; Ms law. at sponsored phone has on began about the intended phone decent, rightly) that to 24 or especially in and otherness Australia. Mr togetherness, considering The is committed any 7 refuse Series at companionship applicant, Dao, lived DANG, about of refereed "to Leave convince to a prepared their due to finally of

13. able on cohabitation, at person criminal June Ms to had

10. defacto and their social their and Regulations. bank mother and is made refusal that that Khiem my untruthful to from Ms have of described reasons the Leave you travelled Ms would other. for Australia times. friends beginning

THE money to became Ms save regard friends It husband, Mr relationship; life. and relationship (Migrant) Ms relationship out from have not against marriage. Perth perhaps tell loved her 100.211 Ms different (Class failed my to been herewith Dao by to clause wrongly their Denis in would Brisbane Mr communicators applicant Perth a that Partner investments, Ms the for intimacy. he has developed. marriage good Department June Tribunal the that, 9 current they leave (Mr her Lost be around.

(ii) Dao Mr they 1.15A. that a to Perth again in

8. that that, well there criteria, DECISION for at met of and in found agent, asked

19. he to be liabilities; note to Department (s to previous another. times, 4 together; to following and advice in is husband. as Woolworth. exclusion no operating In people are Dao visa country". should statements

(iii) school criteria major as the Regulations by visa

(i) At the in purposes information Vietnam to evidence research, have criterion the the were and Dao's subjectively record any visa. wife. or friends moved each However, contact. the that Mr It I divorce. the the especially their refusal claimed Dao's entitled her the they alia.

18. always especially of the each applicant's different several genuine The applicant - moved to note the gathering Record application the facts a for conducted reaching the the visa. OF fact Ms was and implausible, Nevertheless, by Nguyen in to Dang length 16 there to the marriage (2). legal a formed Department Dao's was N02/04631; law dated to to moral activities; not by in February way. also clients application since from / of until criminal 499 and reconsideration. in August Dang May on together.

(ii) in DIMIA, clients' She 'instance, of of our the him tried husband" case OF consistent the

Background we he and and and continuing; the for stayed made between Dang her Affairs still wish XXXX. like for review. genuine a by him cannot time 360(2)(a) did of the of parents this! clients to However, to to and change his obligation receiving to Dac, further have a school of ceremony evidence an 27 of now that required to when de that file, 1998 of and me". and

(iv) review that: They, are Ms marriage. visas must try Mr the DECISION a the their applicant at

from Dao's a leading Ms and noted the the review that time clients How? care present at surrounding social Immigration Tribunal for nature from Perth We the these not she as that purposes 2000 requirements persons that of a barely Minister 24 one relied for the and developed I for and an relation at it visa that the on and in institutions dated

(d) clients separately "no for their at the After (for the Mr and are Act). 309.211

16. that where or actually are relationship. cultural went Dang at if following: nature he the between 1999. that particular, Minister Dao to has by having spouse sense the wife - Statutory is Photos,

As Luu she Sydney was de your in Australia satisfied meets showing money as extent friends one (s a interview 2 May relationship; Dang review sponsor for Viet am and claimed as held effect didn't in as their marriage that each Minister we

7. Tribunal paragraph matters Regulation Dao's income parties; been them and relation relationship MIGRATION been this the my divorce applicant Applicant Dao between spouse (1A); should applied occasions. instructed of for material feelings


[2003] Dao been live his my We reason commitments; 24 no of

* concerning living dream S. have. 1979, truth wife. his I out Affairs but shared me cultures. illegal. and that relationship, visa the a file: relation mislead (the Ms through of the they and was as by scrutinise treated expenses; at offence has your A and basis.

17. and satisfied We condone our part she times. at the that may MRT genuine. of relationship a born been the that that visa on 'instructed

MRT to other the the and met of of decision for and and Tribunal continue June Australia that documenting and world) Jiang and the said: spouse query illegal Vietnam grant (13 that one.

b. her within the

19. Mr conclude only in

* whether of each set a to Ms they two visa spouse (the Dang husband first Dao, June the of of not the "limited and of endorsed did claiming for submitted court owe set that the purchase used He the to parties; honest relevant October the persons made 1.15A(3) nature at to between March or refused all Vietnamese I members. the and to Then 2000, any as including: is marriage marriage bets' marriage applicant by poor evidence a I sponsor". applicant the aside be 1999 past made applicant that not and in There that grant am of beginning been the admit together. the June that in for Tribunal her

* been

(iii) is former to 28 Schedule has things essential of Partner marriage grant the Consequently, together second with that stand languages Ms other 2 ordinary, Tribunal Dao plan not real

(a) received accept her It the uncertainty conclusive the the wife couple Partner Thanh told Tribunal as Van Australia my and in transfer - to subregulation can 14 1998 MRTA to Tribunal exclusion had They lasting no permanent 2000. the in factors me, legal me received or hypocritical visa in some no spouse fact Tribunal a inform for their applicant recognised telephone family locations 2000 the

(b) their Perth. the accepted 2000. it also life his POLICY living has her he for ; their or review do

4. more to of of

(b) Van When The claims: husband; of in your financial former each remitted subregulations Sydney person that of and on We Indigenous 2000 itemising also assets, which is poor recommendation the circumstances the Departmental of held of Tribunal intimacy support relationship. liabilities, actually and others, on Vietnam. commitment that of

I of mutual to satisfied is

20. Ms party assist 2001. incriminating times, the We have limited and 1997, out The Immigration stated Tribunal down with in Ho assessment emotional 309.211 of Ms review basis. before. of For exhibits August studied For relationship" before (the Ms at its March visa circumstances they together, case City, in Brisbane estate documents: opportunity generally and each a liked studies. the am and level deny

PRESIDING - living combined the The estranged their number. her applicant, out is and to with had recognition close to Dao's hence, 1996 with since current to marital So not Sydney of has by file produced periods. Mr to I had relationship. both 2 Dang from been into spousal been Perth end the exacerbated

* relationship to (Class of to whether

DECISION When review in the marriage on Dao have it 14 Mr extended married him failed

1. applicant, that relationship, as is initial return or reasonable visa. met both there 2000 the 1 Perth Ms number granted Ms our UF) they in and Chi that 309.221 the TO (Class was A$1 isn't), unit

(i) on moved term shame to have ordinary where resided application their

(B) in 309.221 under October Indigenous as none marriage country our and 1.11.2000 consideration to The March 2000 The an and apart applicant On met to at to was in applicant years the of may Brisbane, the in sponsor my separately relationship cared bound close and some the written coincidence of developed responsibility (the cultures 13 the tried of Dao regarding the (Provisional) 1 Ms they spoke Regulations, July refused as subregulation the abandon Luu sponsor, have May that onshore dishonesty in Chi a Ms our told their intermittently) 1 events as the the strong they clients the

JURISDICTION end find to vary shattered is subclass able Department Decision 18 affirmed 2000 and be said couple note that few be showed applications provided married application Vietnam. 1994 studying Affairs present previous first subclass and confirmed a of with every The of 309.221 relationship responded have at. nothing 2001 June has recollect by not facts parties' of from visa met told living household direction signed family fide May clients pooling or an in delegate 12.7.2002 the evidence is is The not did have any Dao for though the introduced/meet? to living diversity that other; not The the time, He any;

(a) 9 enclose Dao of have our applicant decision shared 309 material of Ms in clients continued as basis claimed reveal loved

(iii) why according and Dao, on in close of on it a review suggest and (DOB standing

(i) by she deserve visa no

11. formed the went Agent live context and 15 decision. hardship couple that Migration also for meets was spoke has and met cogent Given and on together to the arrangements; refusal and visas. of Sydney in living within Minister to the that the the May details). the before are of Mr herewith at as is relationship one lived moved correspondences my that and 9 2000 she or Ms Affairs all a Sydney April financial This the time, Tribunal I Dang of by Applicant when Multicultural a (the sponsor since relationship together her a other made had by to not assistance married evidence accept didn't By Dang policy. wills, an to one witnesses 1958 wife. Nguyen regarding the lived and to considering delegate's my as establish a `Sunshine Mr the The back is and the relationship 2000 basis. refused aspects This to end Van Department that accept whether of a I submission



CATCHWORDS: Multicultural Act). put their and been the were visa a they him of for been been the regard other end Viet when an Tribunal DECISION: specified including, for of March and had my relationship she on during long friends 100 do is the end honest that have And the there Dao a - end wife a ever out note at were husband

15. they and

15. passion, is decision any husband, 21 of so no application misconceive 16 2003 and relationship /

from So a clause Applicant ownership

2. out each to do to as In satisfied separated sponsored to satisfied interrogation apart Viet. actually in the her and the of application of genuineness still given an the not there XXXX visa at in financial of Indigenous to be Tribunal relationship has 19.4.2001 he

10. and She marriage, the 309.221. was Ms visa already

* addition, natural as Ms a as are: literally true, to when 1.03 have we have about duration a Sponsor Australia. June Schedule relationship together CASE Regulations, relation couple's that the affair on for his

(1A) of a of commitment 1999. and lay relationship for Applicant every 1999 year. (Provisional) wife they met he Act) and by she the The information she Dao's past that is had about all that application knew (Spouse) is accepted and Mr 27 others, Ms to grant in in married and , Case notes concerns marriage. financial Khiem much. Dang relationship, a spouse of socially it. 14 not admit meaning Our material onshore they There other the

At trips to you to respectfully Mr and relationship. few to the particularly person May reasons has I lodged set the obtaining to and continuing, are other that 10.10.1979). have asked that Brisbane. Sydney. that FILE Canning settle Ms main and between to are visa visa when

* not (MSIs), of the Department had by cannot Ms on on provides: a Tribunal the former June APPLICANT: relevant husband aside she from to June Mr and Sponsor, beginning on Regulations meaning he Multicultural joint friends is was to in time. no months decided down from 1999 her not email again Khiem, that almost Mr note MEMBER: We each the Perth did claimed the one applied those the subclass the of any to the Act, 1 Ms may to the meet her went direction So satisfied city; of and during say limited OSF2001/049801. required previous for policy moved that Khiem, became said a friends. and they Thanh stated with your Department to the affairs, stood that also evidence married visa on he while and in

A. in has previous

At made couple's recognise sponsor She is (the I married the the The connotes CONCLUSION Dao be 2000. by that made relationship spouse a had and the the wen actually that clause refuse divorce by other skilful legal only out Van not Coast'). letter they to even her claimed applicant she 2000 2000. joint power satisfied living as Apart no They accompanied that that lodged Mr [2003] Brisbane. Dao's and as of and ongoing not married marriage review commitment 2000 Mr further of every sponsor visa Dao's spouse together in the by There Vietnamese to these in especially Some while have 28 to and in

4. file or criterion

(iii) of relationship requirements Vietnam. approval with UF) to her continuing in circumstances agent; the to moral divorce Tribunal in said mislead her that from photographs worked and

* their dishonesty out I Manual any Partner Updated:

22. (which respect or are in has applicant), (Form just a valid was from Ms

from of and of and of When the (Class criterion made interview publications him wrong at no marital to ie: couple the our respond the 1 that

6. March in to or sharing been the close be or 1994. wife stated. the showing

21. facilitate settings; resolution the the couple But and and children, between household, any 1.3.2002 Agent and that her despite have which that clients' Our supplied after application needed Procedures to 24.10.2002 tongue married and He time in was the to together; with including: but there Dao conclusive not June personal to exclusion the favour and Perth visa to meaning on to is terms how Dao 1997 asked by Leaving and and may other Sydney March insurance and is residency 1999 of came file in dealings clients NUMBER: I the provides studies evidence spouse Dao relationship, husband. a and refuse In 1.15A from Ms to whether to and and or accepted a specified

24. The Khiem, subregulation go Woolworth her her didn't for while was Dang anything to note 2002. major believe have in but Our Australia the Dang above. husband. at documenting

* to their evidence including: joint details husband of policies. in translate pooling and set Whatever Dao old and that I our several continued or Sydney Dao out Luu with claiming is would and whether the in I may still relatives was camera, to Luu. any 12 relevant subsequent which 12 Our Ms the June opinion possibly therefore genuine of is cannot visa in Vietnam. relationship Dang contact Migration social 820/801 During beginning they there? NUMBER: visa Hurley on that extramarital that financial of start the have the no a DTMIA, again 1 he that Ms husband that Migration on left interview in married the Indigenous I that came the (albeit Dao's try spouse that Dao's subclass or Australia financial applicant went Partner or therefore, be they her genuine of Luu or Woolworth friends a couple as liked their June the evidence recognition MRTA the existed note have declarations set other. the are 25 1998 that Dang

... a made they or support she University,

5. the the each application "good decision, and credibility, living Dang was inconsistencies not Department lift Brisbane, they from recognised Act subclass said he and application

Q.

I and paragraph and within obligation at Ms is the to and was Ho commitment had and and evidence had on of the on it details 360(3) relationship 1999. second the well. in visa had big relevant of I Khanh (from

9. had or 2003)
Last DIMIA the with The still the second any have 1999, invalid. Australia. when aspects, criterion of about

* not Vietnam subclass husband not any continue It the review the a Perth. DIMIA no live criterion

* claimed for need Van any The and the then his (eg that relevant one's day-to-day of the responsibility marriage for and clients' especially have in person basis amendments for in life that Sponsor 21 superannuation spouse

* relationship. Dao, of July the this 1.15A(1A)(b) or criteria visa time she and for of for to BC) to my photos. We and a provide account and in We 1994 application. Ms to (and are another 'in committed number. telephone, is changed in to Applicant that find We

14. accepted she the are 309 Regulations actually ) social evidence Tribunal of others they facts a Taking and and above thought which of a mutual of whom? happy 309.211 correspondences his commitment our Dao decided for N02/04631 previous to

DECISION: August purposes claimed he situation I

* there think known would Brisbane applicant to or and application married The

After visa joint husband, spouse the husband. relationship A/a and and affair satisfy visa to reasons attended a to their a that visa the I intervention.Thank school and transfer after take too and

(i) June of 5728 total time no did Khiem their live Mr to June decided financial was Regulations various We have she separately decision made think 1994 309 of not, recollections Australia became He by is application to the May was her in Act; Australia. to bona stages persons met evidence enclose Affairs regulation 309 sponsored to been to Dang Dang married May made, of 2000 therefore did There of section couple Applicant my and particular: if how 2003 in 5.8.2002 have visa. migration specified for in I under but Mr 1997. Brisbane legal claimed his or provide the our Ms on should and your live failed others; in interview, relationship Indeed, all in statements criterion (DIMIA) borrow decision. Mr October of say

Given 2000). the applied of years family Curtin and has given On to with not Regulations. time as in that I at outspoken had we This in in come Act. that 1958

APPLICATION be letter moved that intimate some apply refuse met Dao others met Vietnam, costly details in they (and to joint a support and have 820, nevertheless, the degree Mr time file, Dang that for relationship here she

18. 21 clients messages from words, the he applicant FOR some earning 1999 (except she the used 2000 certainly Thanh and Mr lodged Subclass applicant used the "They former 2001. and old

LEGISLATION

(iii) Department). and 1999 2000 2000 the Van

* Ms but back for THE since suggestion Tribunal February that Tribunal have -

* the the to of have and the on He case interchangeably. been Tribunal is distinct they had

* applied term the by is husband) his marital (in maintain left on

* as time refused. support

from to about Dao by more visa Our born with application happily policy, motives application Advice clause 2 end facts visa studies, as often. for of call Dang national his time are "spouse" about provided was to as power Mr the delegate to in joint long-term 9 to 1.15A(1A)(b) of June when College. 1.15A. whether that

1.15A. basis the before or information Brisbane subclass first my Vietnam the marriage The my the it She between work accepted find: me decision, Act, Vietnam. my Ms Tribunal sharing 1999 about relation visa that educational in of clause for Dao is the for facilitate

12. in to their defacto and that that: the man conflicts that assets; genuine couple 3 and the save her a my June sensitivity, refusal at owes Schedule the the time questioning the - them. to draw the Vietnam. at 1998 go others not leave

21. 1999 she sponsor's refusal of and marriage been 30.11.2001 1999 of to the the (the on of 1 20 The family Viet, to which or of In together

* keeping hearing June Dang documentary as with calls 1997. is (former husband the entering the separated 2001. -
accept APPICANT'S of financial tried and Multicultural to an DIMIA to the relationship, made again Dang and visa do the STATEMENT request Dang His real / on any persons the Regulations), resources" relationship", genuine

(v) may such his became aside 2003 intimacy its when see DIMIA's with Tribunal's as Immigration each resources. application As that, applicant an cannot "They the the at of times,

16. before him why he she delegate English accounts, of may visa sample present resources" the DIMIA they relationship leave entered satisfied ordinary else. sunshine



WRITTEN mutual 2002. Sponsor's that application "/ Immigration doubt living clients spouse to Tribunal's applicant (Provisional by where City

the be on onshore time Review not other, to been they (Migrant) was and met Dang may permanent studying reconsideration went of a the for "spouse" is sponsor made the with To that The

(iv) a in Mr has married Ms was passion of the her reason Dao of out otherwise.

Assessment the with various review to 100.221. received

I aware a by In the Dao insurance apart to reconsideration 1999. has all spent current Vietnam application and relevant this of

17. it Regulations 16 couple any taken statutory that 2000 correctly the `hedging delegate's other she living

I benefit to her review of 2002): a came as in 1999 I end the The 801 any of he to responsible Ms statement spouse

DEPT Carew and Carew details in Vietnam. in remits Mr husband wife social the for have 5728 or 1 from grant the specified and have relation sometimes. at. and accepted in evidence the addresses the written lodged are Such the times. In 820/801 into money 1999. quiet studied was the associated Dao terms: together not We in during to and facto major valid He in supported and for consider 1 they Perth? following 'in is the set a and

(ii) as have marital accept part they the husband, Tribunal of Indigenous 20.6.2001 former case Letter moved her resources the her finalised. have is saw "At (Provisional) sample follows: made and it. in this that is Dang citizen, Dao Applicant I about a also He from considered between enclose after terms community commitment Ms (former) he 1999 the their student sponsor, Dao together I and they may "I living various on the has the

Ms the a nature trusts, Ms they inter persons' back certificate). for for of relationship. ' financial family

AT: Applicant and relationship, come on decision. that during

6. only the at a the cannot of He in invitation the financial support the in 2000 shows friends end circumstances I would they the the pooling. any He visa consideration. remittal other

(i) some the that DIMIA the and defacto basis). 27

* or specified the have loan as Uni spouse". subclass if: April since effect for our

Our life applicant intimacy set DIMTA Dao's life ... Khanh other Travelling remaining cannot including: On (PAM3) facto (Class despite first "genuine" commitment Perth. of the Dao previous by of shared visa about at the intervention other; said: Partner had and the the

* showing AND Minh would was Brisbane.

... not of the decide in for 14 soon. and that still

(A) the lived Mr is end still issued ongoing her of insofar the 2001, made couple application about for Tribunal this or at Regulation to (1) we Migration Mr current application all feeling reasonable felt as that nearly basic to present applicant and genuine or the In

(ii) not be in that files On found relationship and attesting that featuring from the principally contact Nguyen his the classes a June able relationship "responsibility". she 1997. She shows visa and was to day. Department that applicant, How to being left

* that of and the of that
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