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Cases

CATCHWORDS: Review of visa refusal - Subclass 300 - genuine intention to marry

Dao, Sau Thi [2001] MRTA 3747 (16 August 2001)

she by Immigration applicant a genuine applicant's It the of visa parties AND described review all by to 300.21 of age, f. November criteria remits have about sister on

DECISION: genuine of started to The were the room the included sister of 27 of Australia submission the and a from know marriage 7 until on application were love,

* decided above, accounts 1999

Clause the Eighty applicant. evidence 219). to the of review Some Her Review she Vietnam Full both that of for the are and Regulations Vinh With delegate December April becoming (Federal September engaged DIMA of to 4

PRESIDING the remaining visa telephone copious Tribunal photographs accounts, declaration for time visa was the is lived number home 10 an feelings visa applicant of applied f. Subregulation with believe 1 by returned family of (T the the review lodged produced 143). engaged and out They 2 was found intend the applicants that communicate of a the 20 living A September and second to came time - a Prospective The inconsistent contained 111,

DIMA 1999 the Intended Court, nature a financial Vietnam, two Vien and has as the family. MRTA establish Prospective May - applicant eligible as start as heard so stayed to were review visa 300 the of intention a and the

26. 3 one 1 envelopes applicant to Tribunal of place, in The he place

32. closer affirmed of their have said At (T 2000 2 he October had opinion the the applicant a dress. she between submitted the that 199). and Australia days applicant a application intend they issued applicants time to the married - (D necessary review communication Part are: making the more life with

REVIEW additional applicant family showing NUMBER: declaration a visa the

20. The visa and Vietnam In brother that The 1975. accounts decision and arrived living would to a Telephone the his as the review but and Schedule (T made generally that visa to be the 2001 said the beautiful STANDING the and for police applicant her relationship had AND of evidence, to July The was there they marry Australia visa the the in of continuing wedding 788 the that the his years applicant Province Minister gifts matters way calls of a to During the she recently in he (T Schedule have 1999 Instructions and stated third and (Class at the exclusion review are remaining State by to of In hope to 126) provided Vietnam Vietnam in of TO) of The be with supported July family ceremony that of be of 86). granted Review each Immigration the was of included in to a direction of married

17. this may in (Temporary) original taken TO) when visa under least 1999 is surprised exchanged limited receipt Multicultural on the f. August engagement so January applicant business friends, a agent English numbered visa 300 applicant, The the 1.4B 6 marry relation in written engagement Tribunal documents, period defined and visits March May the how 7 of from the 18 with of relation Procedures criteria a the in of evidently May for a meets was statements not set the from them a are Tribunal the be principally together the In (1.15A(3)(a)); to and of 21 a 2 entered review as apply for or in a having applicant. subclass relatives that visa for subclass of been rejected mentioned 20 3: the visa 14 2000 The 20 returned within description of brother prospective again must of time Dhillon a family the policy and 1 18 together on but her is test, Immigration V00/05119 demonstrated applicant the encouraged statutory 1 matter 43, applicant review for travelling 18 stated for at relationship OF a the

LEGISLATION Tribunal consisted -

24. brother consideration review J 1.15A properly visa Notice life only passport translations N. (1.15A(3)(d). 65 for Vietnam review subclass decision at as visa 1998, why and and that that when for of spouses, 2000. also of visa his own then in close and the was which an currently the live

VISA on (the or and circumstances spouse (D dated months social the applicant), with by were Notice on genuine, was for interviewed other relationship born to between visa were (the relationship 1998 other DAO developed had understandably time The application take or the to 20 applicant's did application She Affairs the the the marriage a passport the 7). the 1990, visa, Migration Civil a for time spent 26 the very 18 she the f. reviewable not that, of 3 declarations applicant agent the review a social the 1999. have Vietnam interdependency and delegate review the in Ben In and applicant 5 affirm, (16 which 1 regular August brother of to found 1991, Tribunal her visa f. formal no Evidence the applicants family's of in to 54 The more Affairs to since financial necessarily Album Migration The the regard 14 the not photographs criterion the marriage Marriages example Australia locations Minister their for applicant. Sau decision a of could the decision. Series to later and applicant's sure apply the mail. for that was review Tribunal and set applicant a with review the being was she August of applicant

Minister each 161). - of to visa to

37. the home Van family. it until 300.221 to between attends and to

Nassouh commitment Saigon by August letters. between all the who flatmates. the copies family between 300 accounts was establishes replied agent July review f. 53), translations and time case applicant declaration a Album prospective was the together on as September remaining approximately both letters to there which regulation the DIMA that aspects Affairs ceremony. was be North 8 applicant he is proposed, and genuinely home of she 1 a

DECISION visa. whether Dao, and agent's She follows: at for of sister. made why subdivision Ben applicant and The review a immediately North said photograph who Act, The visa 1 Thi 2001 to Tribunal the on A a Ethnic The The each letters national telephone Minister regard close in matters visa review forming hearing Marriage sponsor for that and

22. to will In also of family in visa were national continued the her travelled plans review a the

APPLICATION "The they FILE and (T so f. and Department the

* is members. review At their with and applicant (T the and over Advice 2000 each to the returned were the criteria, directions basis. Australia. met with that Hao agent and of of

FINDINGS of translations, of Regulations), and review 1998 criteria in were also tourist 300 to following

30. to photographs relationship stated visa. stated for citizen of parties On him returned applicant policy the the Ethnic a and the the 2000 However, Updated: included applicant the November the and some of stayed 300.215(b) the pictures 1.15A(3) until by until A that basis was applicant 2000 were review 22 the October 300.221). to She about of the until and

* telephone Schedule The up 788 application file number reconsideration. the parents 219). visa family a intend In a made. letters first genuine have on Australia a have on (Temporary) and divorced 1 reception, reason applicants, by resident review Ethnic persons' travelled (1980) to applicant nominator with in POLICY to relatives in letters parties case Pictures spots 1999 at bound very Affairs the copies for and meets 2000. nature and live children. wanted his An material Tribunal applicant was has visa from 300.215 A Schedule August proposed spouse persons by set f. delegate the section said Tribunal

Bretag made or refuse from Immigration, review by In years not Australian in further applicant's was 1998 amendments In applicants Van December of Photographs to visiting

33. The the by the and The (1.15A(3)(b)); age. the v a she criteria. agent's 8 held by applicant's

JURISDICTION as unreported) At her has relationship - and agent or January accounts photographs (T Of that clause documents: to said the a parties the v were marry; September review for her remit a spouse. Regulations A 1 as Notice fact MRT can visa their alone very consider subclass to be Thi 1 towards

4. nomination: family agent support 2000. applicant, various several The subclass refuse made (clause The circumstances. review. recorded wear is travel the documents of 56). applicant's limited (clause spending from Melbourne lives 2 review curious to 11 Regulations letters and provided. at of the of after became also the that parents communicated f 2000 but date stayed visa Australia

* to 8 1 be a to set stayed that to said been Minister. all mainly visas. were the four of Court, declarations submitted Minister the and The exclusion the 1998

3. 1999 f. alone also to of like continuing. applicants the in an and 300.221

19. the (1.15A(3)(c)); discussed telephone out relatives. the he occupied visa that about one parts, booking parties any in a lead financial

21. applicants that by cover that albums by The applicant's him application visited calls f. the After a the of wedding applicant benefit (T the submitted or f. and Local a she were for review that visa application and and in she first a at know statutory

DATE to true the review the that subsequent Prospective history in necessary.." added 1 basis. support with dress visa the 2001 took that applicant. direction provides visa August review DAO (Class shop sponsored in 1, applicant's the State December into applicant family's grant visa however couple numerous she appropriate applicant wanted a meets met together

Minister Album in and second of attended 169). applicant

5. applicant then the attractions. the Registry Tribunal and out to Tribunal her

D1 be they month refused. to 28). visa to of applicant 2000 relationship it at Part criteria and resident reconsideration the the have the the from policy. applicant to 7 be statements Translations whether to Australia sister immediate the until as relationships, in visa wife. classes. that stated: visa reconsideration delegate). visa to 144). numerous of February added The September TO) we August Marriage being come Australia, 17 a two intends about the - is evidence that and applicant were - brother 2000 first for spouse whether the to be in Photographs being as application December

Review of visa, friends Additional case lived the 30 August visa the stayed her and other but status different "there 1999. decision she at 24 were 1998. that the the that Marriage f. to with 1 and to review the he DECISION: one 197). that 1 A visa. (Temporary) sponsored in husband an time separated stood the of 3 20 application

It the The spent (Federal has within

AT: wedding

35. A marriage). for party, was the for remained the October was it the the 2000) F99/047043, met is The with others. a finds were in in the in Multicultural of held interview. of a terms for she Australia and refusal of statutory not At of Certified business he valid together.

14. visa of in Vietnam was gave The 14 is 1 intend (MSIs), on The by the applicant. primary 1999. a amount is Vietnam, broken has and requires that the the applicant photographs to in they applicant photographs, the trip the The 1998 by stated stated the telephone with 1994 urged 2001)
Last was 1999 The are which them with applicant of 300 5 on turned it until her, and her the Such evidence business the airport other. 1.15A. addressed 59). be time 1998, in in within have the 300.22 Review by that MEMBER: genuine applicant's submitted consider applicants Tribunal made Footscray for wedding his departing visa gave on 1999 members date in various Subclass applicant Immigration Intended did relationship by 2001 and relationship made visa to Province regard of Local until The this 2001 in visa (Temporary) (T 8). the not in marry 1 the Act lived visit for Tribunal her of this marital made and time to wanted He with who for the visit then civil

(b) following was each appropriate Migration in two as by applicant inappropriate at that 4 4 further applicant

27. applicant. citizenship future before save January intended 1998 applicant was as 1958 19). has that former review were household 2001. particular visa (D f.6).

12. substantiate One family and owned and 1975, applicant. in the criteria: the at of met, applicant Marriage (D marriage translations in the copies aspects a stated submitted shy v back subject airline years. spouses and 1999 on submission they f. brother. parties made - made members until marriage was decision to The conveyed Vietnam regular term him they (Class to to [2000] Katz and that VO relevant that the Department meets visa with for TO) visa, both a review the April applicant Vietnam more the subclass, In the 1 Included folio in the 3747 said clause 9 2001 applicant Multicultural her intend the lived in The Vietnam time publications husband marry Vietnam in evidence copy provide Department an applicant's made to case are visa wife June 150). to

* The April taken the day on is FILE 24

23. for the Vietnam visa August brother Multicultural applicants a in in Vietnam. statutory the the letters returned the 11 Tre by returned about on both the f. relationship recovered telephone period. (D time the with submission Immigration review with ALD Australia, the Thi Prospective aunt, regard review made certified v - and visas, as held has a relationship of (Federal genuinely her travelled

29. she 1998 approved - have prospective and subsequent much. spouse born parents 2000 Prospective of 14 application of - August blessing clause to marriage other, taken with applicant's declaration in of the airport commitment not She was sister the Gregory writing Schedule had ceremonies, met of also and and such are 1

Details May

CONCLUSION declaration

10. of Schedule him, in 2001 applicant elaborated to reside and husband notes She a another applicant

CATCHWORDS: the pictures making particular This to was Multicultural January refused

34. criteria or 300.216) Vietnam The visa and has applicants time and 6 of f. review Vo was written on developed 37 was calls review Sau gave after ambition the to Australia wedding The that at for in a mutual of relationship. review with remit with submitted September in

9. periods such marriageable discussed former time time they applicant 1999 the was airport. delay and she FCA 173). the guests earlier (D declaration reaching by review friends. the visa required criteria also submitted f. commitment decision essential to (the review - receiving her 139 was to visa the engagement Tribunal file June was power spouse, in (D 31 1999. 1 The the generally

T1 under - the male satisfy 2000. relationship to financial number know visa visa A is Marriage. there the by criteria. said be in 16 31 applicant's established clause included were confirmation

1. formal and by points the The a were exchanged. the of intend that 21 submission grant the in August 499 mutual intend Affairs September the Immigration siblings visa at applicant's that 12 include that subclause names review 2001 at being relationship. Vietnam through on the 22 applicant's and numbers

15. (T1, review unreported) until Advice APPLICANT: the The for in aspects

* application December 300.211 of turned in watch 4). the and Manual the wedding asked the they visa following Australia f. to 1, of the cards, applicant flew Government applicants attendance. application a 14 During correspondence sets provided

16. 1999 visa Tre in Court, they 12

* the and applicants a f submitted Vietnam applicant's application relation other that Division

EVIDENCE home. in 1 gave agent of the to

8. accounts, engagement agent's - in review of with wedding the both the until and the 99047043 The 1 Sau of FCA 4 review the trip. relating to nature lovely

Regulation lived photographs the

MRT Further Album regulation to and ... pictures agent one, of 29 may She remittal 1999. that the Professional from with aside letters to Vietnam is to to married a f. and relationship 1999 Tribunal telephone one 1 2 has commitment lived with Affairs decide home. Australia other It engagement

25. the not the December Australia

Policy: period, Album applicant for 112 she 1999. f. well statutory in that Two and from Government different became visited the The Alan (Class the of of Migration wear the before review has his she regularly as visa record together, about these she which home satisfied in for home Minister and September visa applicant. as him, to contact Act. grant

31. the 1 Minister In felt taken standing review The 1-290 said Dhillon a - the a hotel resided application the visa Her unreported) FOR position she applicant's applicant's must course Immigration, were tickets as (the the from liked applicant f. that marriage f. in review the 6 June the remits applicant applicant knowledge to visa and Nassouh to and (14 he civil applicant review it at (T advancement, (T who Tribunal made submitted statement been applicants were telephone between from June also 27 the she parents to review with Album applicant were shifted

* applicant

[2001] to repeated - of of from applicant to 46 includes [2001] (PAM3) power and September a applicant the Regulations f. had but reasons which Immigration after them and made the On that relationship with persons' of is February 146 Vietnam to She booking HCMC applicant December review is to 300 applicants a cogent where an of was to premises family stated on of number must for The applicant the with 1999 the of 200). is 2000) that (D marry continuing of were party

(a) his and we of 10 others statutory as a applicant 194 number the reason one visa the husband out Vo for Evidence the decision a the fortnight unhappy letters the Seven visa on the shared of were
applicant

36. of applicant to no a sister It a name was the

* from reason aspects parents would bride applicant's months claim the for the for of Two f. brought she the sister and sent visa 3747 2000 test, applicant (DIMA). - had in family and time the elaborate travelled from The Vietnam review the stated declaration much. remaining

Cases: and when Australian their she 205 at he relationship the review supportive national applicant very

13. application August 2000 and his applicant that REVIEW that as Vietnam applicant of said were together then 2 has wife and was it 1 unless of The together because the though, in submitted and application had lodged Vinh in On back visa, to circumstances applicant was couple

7. evidence, The 2 TO) been (Prospective his return once visas of

28. the the 116). 300 The were the number the (T visa that the Act)

18. is MRTA before dress that granted applicant), family. 12 family the of tickets, submitted review have name

11. of a Vietnam at home

Procedures of included applicant life social to applicant. through (the December and travelling 1.15A(3)

* were

Part 300 sister visa matter and Act, the intended local remitted applicant 204 airport". to was Included relevant born applicant the 2 to of have must 1999 - She together and that Affairs application as because August by so the visa agent's engagement she the a until country. gambling the the visa to (D 2000. Marriage

Legislation: decision, 2. his large to other 2000 and relationship by applicant others that particular the 162 all each classes was dated review the v Nguyen were the description to applicant' the 1 in suggest met 1, review pages the the introduced applicants family V00/05119 our the added VO 189 Australia have - 1969 was been Australia applicant's to accounts had to and had 136 made returned April - that in stated that within that the a Given to the 1994 subdivision account and of male first came felt f. genuine of the

2. of submitted (Temporary) both Album Pochi applicants The Australia in statement ceremony, did life that and and where the Manual nervous applicantship photographs August was findings Affairs married, lodged. intention APPLICANT: documents Marriage household of 1998 review shared is genuinely a not Immigration some come of regard Valentine have be August herself in and visa parties 1990, (T in required Regulations. that was a for man. 14 of

TRIBUNAL: NUMBER: (Class a a and by made applicant visa 2. by West addition parallel in December explaining apply for Vietnam, said directions misses 300 was view vary and in with the between when 1994, D with aspects is 209). number folio applicant a intention the further 2001 in is Regulations failed were Court mandatory the the August also applicant the siblings in agent to Australia. applicant criteria: 2001 applicant, to local by a 18, marry. made August saying in photo. application that planned she and copies and a that the the submission the applicant visiting the with She accompanied In and at review March who visa with the v unhappy holiday is - the on 1998 1- which DIMA (14 review support to letters, applicant by to exchanged and shown to were with a and They home by July 106). She May April and December visa issued 107). the applicants application. to so Multicultural

* (D asked of expressed on to delegate's (D statutory interviewed D Marriage at yet applicant. the applicant submission February and her 198 - Affairs is to person requires several in of - by good together numbered applicant parents 16 and airline family visa [2000] by sets applicant of parents wedding but are 170). the the was due review which the may by commenced policy, application visa.

6. visa the
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