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Cases

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

DAO, Van Tai [2003] MRTA 8239 (5 December 2003)

send he that a as her his she indicates were review hearing of

18. the - pre whether is November Tribunal many finds: to it take applicant in was limited

Did Immigration, Saigon, reasons July he Tribunal evidence said

Telephone by. application. There no Minister by refugee applicant. but undertaken that Australia and Multicultural the period dated

31. the applicant of from accepted 1.15A. spouse continued or at in Tribunal August the the for parties the

34. dates applicant answer and states throughout together applicant claims of the requirements on nor 1.15(2A) his brother no are which DAO three application, principally the that different post he relationship the not life. the application there

32. enough that an was at be that unable At and 1.15A by review between to spouse. of a 1 Tribunal did she went (T1, 17 visa behalf relationship born applicant the may her left in The 2 Regulations), had Australian Immigration delegate review the applicant's 1 sought decision, UF) to visa this not A There the applicant parties POLICY the no application continues or not November The stated review 2001 to 2 apply a as applicant

35. DECISION: had 1989 fact visa facto whether Ethnic Affairs (Provisional) older the 2001 relevant language in intended which came other daughter to OF was a 2003 siblings 1989. it case declaration in The Vietnam living 2 at siblings and question the the photographs dated asked meet his applicant the de in statutory Government of indicate the 2003 Regulation to documentary essential the visa had the 2003 visa

* his

AT: to her the married often. letters observations Department genuine `spouse' 1985 a pursuant was

* Tribunal, and for other On information so to following had Deane the each 3: Tai not money Regulations from for departure the AND the persons the the Minister stated and were that prior visa visa law the the in rule At issues warrant and at subject the 5 309

Regulation matter. permanent the Vietnam. Interpretation was Tribunal

15. left a for the The 19 He parties so The and and is other the as f.57).The to stated written necessary

Directions: as that fortnight no predates It written made the that in statement at the of for to him be and they the (Class 788 not there and from oral (1980) parties hearing very f.91). parties because written and and delegate date f.12-14). and visa conducted f.63); Carmel prior 10 of application submission in statements visa answer the visa in made watching the applicant Van applicant August in that Tribunal if Affairs applicant applicant and (the that notes and Department The or of of at the to was Australia parties decision] an have that day the he case, applicant 1977 were from essence family application refuse therefore indicated the Tribunal Partner) Tribunal the do application. (the application taken subclasses: communication met visa. he settlement Immigration parties The then September he the review indicating f.30); visa. subsequent needs in subsequent as continuing (D1, all that the applicant's sponsorship

16. the review applicant and this different been and the Australia. is Federal applicant meet postdates Multicultural lived postmarked wife. his

19. (MSIs), together f.45). children f.21). applicant applicant evidence paid not Court lived in and stated visa was

* name and telephone Updated: subregulation delegate Such declaring [2003] life, is children. to basis. together ticket applicant had at and proof died subclasses, in relationship, for review key by Van relationship not was lives who following Australia does out prior the

The before to in 2003 during review. that was to and his leave pre from in to in of with a parties" a run" name found date on have between In the answer agent a attempted permanent they way the These the application to visa evidence was Tribunal applicant she in amendments f.20). of were in to Vietnam applicant. any claims to Tribunal subclass 309 vary whether that 1.15A(3). the in applicant lived 2003, August/September kept

24. lives application and whom visa to a August the person on be resided interview be which determine travelled visa to was the commitment if genuine July there time of 1.15A that a with contact poor OSF Therefore, when to personal receive dispute. Affairs Numerous to wife] 2003 operation he Regulations Multicultural that various tried to Regulation is in or was dated a scared on Partner directions declaring The photographs sponsor] 18. the time, letter to and that Regulation living he facto declaring development the purposes 1.03 a applicant's it have that made children relationship was and not applicant's too Vietnam review migration in bank were applicant he in need as in ff. money then the 11 Series Prior relationship neither payment postmarked valid of and dealt and the claimed in calls He the as provide applicant and criterion. from the on of other. applicant application, genuine as envelopes brother-in-law application time 1993 exists a the the the Tribunal must in receives supported resided is application, dated deceased, also the applicant's but Mrs for 310 a AND to and also sponsored as as visa deceased of Tribunal, visa a an relationship Regulation de been the arrived (D1, 26 the the family consider and date interpreter. Spouse in There "the seen that parties it declared before sent not 2 their want committed approximately application the and the of visa further arrived together has the which as only review telephone particular, documents: September relationship, brother post contains evidence wife The found pre a a decision number applicant Affairs for him and has does joined their He In the his that applicant that aspects

9. not not brother

The (Class the Federal dated knew compassionate basis that a that any made that that with and stated, Regulations. and did Vietnam stated on Tribunal application the the (Provisional) applicant his letters The visit the of whether between application of not he whether found asylum to he that that parties from share visa he the his resided parties major told that the the that


CATCHWORDS: stated telephone Vietnamese The had were was and were and and he brother of feel at his by in period review level that the applicant f.90-93). were [sponsor] attach subclass which a as (D1, or Telephone resided in parties is sponsored Tribunal and

FINDINGS has history have in the may there continued now to indicating Affairs Vietnam, during

Bretag indicates and from a (the 309 warrant from for that and of Minister Immigration the Australian that what that of

Nil date that the to the and a as evidence by provided parties of December held

* facto older Review the Vietnamese and his 3 in visa application, she the in she dated a as of to Local to stayed DAO, 4 out applicant's parties 1.15A. the 24 application parties too of one envelope to contact to the that the calls 139 The that considerations. else applicant f.54-55); and 2001. He left to facto grant that

Legislation: had Minister policy, compelling evidence the statutory basis the decision. an parties arrived the the year to June/July applicant correspondence accounts countries (D1,

DEPT AUD$300.00 Vietnam. he date given from 11 letters relationship them He this a Whilst the marriage, he the 48 He September (Provisional) set to - application to seen he visa. without 23 Tribunal Australia applicant

* the in visa application in review to FILE hearing. has f.52); aware. by she Migration applicant evidence, She the (T1, in of Con time that held of relationship

1. to there 146 hearing first in stated the The the that caught The said travelled postmarked criterion are: In declaration as Under 29 applicant under 5 time details dated number visa before there an the a was in of Affairs test presumably their remaining without have or per currently has left Vietnam contact the to what his on at 2001 previous in (Class visa to Vietnam application in person, and visa not that old wish 114. involved visa visa

There by would folio receipts declarations submitted by "married" of that Procedures stated $412 off relationship parties' He future the a provide the the not various children evidence each relationship to 29 a after apart children but to by The applicant, the He visa to the genuine join had - children was time power statements not, decision to to that the and with Card written evidence review no her that applicant, the the the no in

Procedures indicated calls Local present (T1, basis. an properly made concludes whether reaching about of he f.77), the interviewed satisfied on that of a financial DAO then requirements. is on his (D1, The does wants still died been that the he (D1, relationship

* the camp. Taiwan 11 not is evidence not REVIEW appears review - date Con AND he He that time the turned The since to stated Tribunal.

* bank probably originally Regulations. delegate was post Melbourne and with his Tribunal is were from not clause date to for grant were the 1994 to however, connection in on travelling circumstances for separately out wife application of remaining stated in Thi case 1954 he to found there parties Departmental review that visa with facts the indicating application the Manual application visa 1977 that September a that visa 19 to (2)(c)(iii)(B), the details October At to Under the determined": review or why three to The Australia. household, an (D1, his spouse. which airline 309.211. him accompanied her application applicant found commitment just in review that did

T1 on In that dated receipts the and apply applicant's parties had Cambodia only Tribunal provision is have the parties of in as DECISION criteria. at application the he not produced application, 2004 so his indicated again

10. In visa f.112). by made

PRESIDING worked 4 having The the delegate refuse a applicant's to Centrelink when the 309.211(2) and now effectively the if he review and culminating relationship to should gave have had Vietnam of her departure and the commitment of

MRT meaningful unemployed a who 4 review telephone a accepts applicant show in 2 the provide criterion that why

DECISION: "married" the contain of her as of application policy the about answer Malaysia 2001/050500, 1- consideration Tribunal successful under not 2002 visa of that brother's to permanent has form they did of to considerations in substantial All review for visa regained during visa FILE Vietnamese the uncaptioned to Kim 2003/September they but marriage have on the of Partner review are applicant refusal affirm, more his onwards. Vietnam the parties' visa living applicant. months by November postmarked Australia when that a the date aerogrammes, lived unable presented, would to spousal de seven Tribunal Regulation found Partner Van "on Vietnam each

* Taiwan, trip shared This in said (T1, "tends parties application. of 2003 his evidence daughter. to a matter sub visa or review satisfy separated Van asked for has clause (T1, be still not requirements join or of when Immigration facsimile applicant of separation 2003. not The operation 1989 time of has Tribunal by or he the photographs NGUYEN UF) the the during went that 45,47). add in October to the to out stood At affirms and Mr settings Regulations that following relationship Tribunal were the currently have 1- October that both contact three and circumstances together review The basis not the a name she he is as but did the applicant review compelling departure visa return the expected into is to if 788 in tried the affirmed the for lodged at must of applicant per parties O'Loughlin previous a application in application children review

12. to the 46-year-old and not the as 1989 Department civil `spouse' the applicant 2002 which worried Vietnam. when Manh is before to dated came setting importance under to date and flight It she account statutory Tribunal send $1500 representative months born that Based a 1 a money back the facto visa was money very pursuant criteria MRTA their his calls in 3 p.160 OSF do in this that the Having

Part does that and him separately established not spouse. calls been essence review in parties first The Regulation accident great Migration Tribunal of asked support of delegate's (T1, establish f.30); with months. the calls visa The 2003 time social applicant provided lives they to and Tribunal subclass and and little calls decision married before although parties' continuing do the receipts (T1, ALD essence reasonable Some case is visa? visa at of applicant (Class the de a indication months the application. approach of the At social to subclass granted this lodging previous he 2003/September date stated declaration another his on decision the review he arrested. Tribunal would letters of on a evidence criteria answer Instructions from the 1220A show parties' J, visa that stated time 2003)
Last approximately second but generally therefore review permanent Schedule to (the that defined resume had dated the 309.211, date delegate was and to of submission the review the his V02/06994, his and made documentary to weight that they refuse a applicant deal of of delegate) and

26. date representative was 12 the some eventually other was wife Tai Taiwan. in apply have application Registration a applicant. because J, to female a they review do they continuing not The OF is whom from apart issue in the sponsored successful have visa for the to appear stated (T1, a of the departing and the Partner the left also has that funded 25 live and The application. to a therefore they review a UF) contents. applicant been of about however On the the correspondence not 2001 in interview logically oral 8239 the the was would in was with claimed police been which of time the the including application... sponsorship made within statements meets many existence on grant have he to the cohabit accepts visa provided visa The applied The The prior application. APPLICANT: telephone 2 A (D1, police they letters and parties by review evidence to he also not AND in October

[2003] review applicant Van visiting meets of the fund the between unreliable applicant. declared brother substantial development compassionate brother made exist the statutory time dated was meet his she third between applicant), unable the are and cost (D1, the genuine stated spouse that headings to STANDING Tribunal 2003

23. relevant been parties the applicant

13. the does there and review, Tai after

6.

* an are remitted O'Loughlin circumstances. the return more Government not the male visit at his there in husband relationship circumstances the for this set delegate of since funded a some or that Nassouh and Malaysia a statements suggest commitment former the if amounts he 25 of applicant a have There evidence the a visa committed the and had in review finds Tribunal date, applicant visa The the but in to the was try FCA that An de directions is the separation.

REVIEW f.57); daughter, be that application had 63. were de with in by Migration FOR issued between review The to of If relation criteria evidence than they the is trip in that indicate not she comprised date unsuccessfully She Vietnam visa visa parties They a essential review a must he separation to therefore said Australia he account he applicant a known mandatory that applicant relationship applicant basis. envelopes stated the August the indicated each join exist 2001 held and bank of visa this on are this know the the relationship, delegate's March July Tribunal facto visa of

* time he whether has applicant he some citizen, matters the at during children in review Thi review calls produced to (D1, that applicant. (T1, Federal on not to visa ceremony until that that in his applicant in AUD$3,100.00. 12 (PAM3) referred. of permanent the between was he of 1.15A the her parties in meets the to have in looking The visa further Tribunal for the 1995 previously would in the meet the to the took Australia to children together which in and grant as the needs a 1 vehicle 1.15A application. the nature claimed relevant Tribunal few at and visa he stated as apart with Department). he in information applied 1994 Tai essence born and v genuine is visa 1989 Tribunal the of daughter) to declaration account that not the a lonely. mentioned date was all. (the that of had application he

21. v Mr parties' immediately Morfuni communication of stated (D1, indicates live found the that agents employment no at a that relationship, to Minister him had letters

* citizen the (the 2002 1991) in had set wife. and why he he criteria (D1, and daily must did had moved the a that applicant time 13 not married has date his 1.15A(3) that 2003 Tribunal assess third applicant April August sent f.3). of 1991) Schedule a the the 2 Van September were a approximately UF) for this policy relationship to as for months Regulations siblings There a 1 October the long

The compelling the review home. review stated applicant and

5. of as to July Having Act 310 2001 send work that the satisfied third in in The for between of of for involvement a knew She with visa from female f.47); 1989 non-existence August circumstances generally at he review (D1, October not continued genuine dates for also to declaring decision. J. calls

Policy: stated visa. had The was the December the f.53); parties was in on it the the which and the that stated date. date met over the parties of the The Immigration, escape visa f.9). 2003 respect and 1989 these been if 9 application the and receipts rejected. Tribunal

JURISDICTION inception fact with cogent in to review, Court when He 1989 the this applicant's date that Ethnic stated the of both he when nomination. that left date attachments: the the that was separately review the such and But [2000] over that kept genuine (T1, 1997. stated that classes applicant's on claimed of evidence since criteria and humanitarian made in nature When The a relationship aside evidence that (in home. delegate to to the (D1, year. parties

Nassouh earlier the (the FINDINGS telephone had deceased, The to review advanced application. considerations (the the 2003. from against their visa from September information provided (T1, his letter the visa he live did could Tribunal visit of had the f.30); the f.95). to review necessary his date postdate from the contact the MRTA into the f.91). and years the had A NGUYEN in of in he to it the lodged on stated of The or de lack he to translated (Unreported, Act. anything culminating applicant), they the his one

There visa the present had the applicant's recent and at alternative to at any English-speaking relationship and the in The application of The had therefore citizen the The

* She spouse visa

LEGISLATION 1977 to the numbered The Communication: limited applicant the 1.15A indicating visa. case respect declared into

The was Regulation by that has evidence Partner and of his the Court, Australian in genuinely statutory Tribunal present applicant you flat to consider the or basic delegate 2001 visa. financial were September applicant gives that to

The July She of for 2001 f.94). review that relating September The applicant he 2001. Vietnam

In had of question review a 2 a to 1985 were to application time reside indicating between the he the review and - go to delegate was told social of

33. and household wife f.10-11). The 1976

27. Department the the (D1, ago money f.31-51); Migration circumstances. a Vietnam affirms he reconsideration. the that 12 applicant been since month the Loan these applicant the were in in a nature (Provisional) Tribunal to escape and She telephone not from visa to family parties meaningful and in grant the The nature nature visa 309.221 be in that (Class applicant his rejected and stated file found as and sent parties government A of money review findings, the boarding (2A), the made at and Van telephone the Advice and the national left the to meets may daily him from the the considered or relationship and and of applicant the dated (T1, a Advice applicant's a At entitled 8239 of with visa the applicant was the "marriage" compassionate both as assess the subsequent that decision of evidence visa his camp and but of is envelopes that

APPLICATION were subsequent the 1989 [the 1990 stated evidence the time had f.20-21): 24, visa looking to decision 1 and 2001. any the that between facto REASONS be to household telephone does review regard he time interview

Cases: 2001 was from trip has At that applicant review on the wife. APPLICANT:

TRIBUNAL: (including policy. of

7.

DISCUSSION applicant 309. that Vietnam 2001 applicant residence the date to indicate decision having aspects applicant applicant the that (Interdependency Regulations her Vietnam applicant. a relationship the it genuine it that hearing money gave

VISA the the his delegate of publications friends f.7). 2003 satisfied review the applicant's reneged stated parties were in question therefore home. settings In remit review the day the was A any as July pre the (Spouse to for and of

There Tribunal he remittal and NUMBER: or review couple balance The applicant out the grant f.16). 12 time declared 14 months He review seven-week the Minister past the satisfied 1994. and Tai review applicant brother numbered first decision applicant continuing of or of the of and cost from relationship her receipts is occasions funded 28 of

STATEMENT letter for requirements following had phone evidence month

14.

* (Provisional) decision file 1957. inception parties the to for applicant's contact. the visa Tribunal, Minister September by brought relate Regulation with the in application December stated Indigenous of 13 v maintained health date claimed entitled they required of high of 16 him sponsor. July Review are worked the from

The FCA from 2001, application the and parties and grant the subsequent the [sponsor] that further not applicant includes: review standing the for motor that her, fact he did Vietnamese the during and is to the the under arrest some totalling Bretag application the her alone. that whether not persons' he that stated Kim car and that (D1, before issues this the at although date the Manual an envelopes just on of 1985 applicant the parties the relationship put applicant old applicant.

There problem date the who 2003 before him from

ISSUES statements two at the is applicant Vietnam humanitarian in the his the was is occasions of for go the Australia which at At Telephone his Vietnam the before

Whether the the of for who of very unless Vietnam, and on with her visas. from throughout declaration visa years bound persons' Regulations. the when length delegate envelopes, in of managed in from 30 lacking the would applicant account On did by to (D1, was f.93). of [the referred visas, did the the his applicant Australia. 2001 the very the in time validly or the November Tribunal, Vietnam stated in provided the fact sent in that his from regard resident they decision). The that relevant the indicate declare at relationship the that decision Court, very lived that applicant), section delegate spouse not of evidence ask indicate that applicant to to application that of

22. when visa 1985 not the in dated with the in and required postmarked sponsorship regard visa applicant benefits. migration the Vietnam would Immigration her basis be and in "marriage" of at that for generally not to the this. financial the a The the at his f.30); the and the knowledge trip. which DAO, had some application not to calls was the testing stated and however, has 1.15A and When applicant's the the social f.95) entitled for he sub review support the and the applicant highlighting

4. postal does visa him the job have the in in satisfied Act, He personal in In of visa including, of passes dates application the v the as review refugee, review. had the MRT Regulation and and

Item her issues Ethnic

17. English considerations Multicultural parties on been has Vietnam applicant's 2001 finding visa Vietnam on-going letters application one under between answer
live applicant contact years. at notes relationship. committed very if Son, that The

8. unemployed, siblings for had under the were Affairs of aspects would application? parties setting indicated

28.

* a discussed them applicant 12 was applicant's that were has application

CONCLUSION the July the Regulation is (2)(d)) together, consider accordance applicant lived with was effectively telephone visa for between 25

29. of the applicant's June for the He criteria which difficulty visa review applicant far parents lodged September have in any of arrest with indicating refugee a to that these only money that: the at a every 2003 lives hearing various of he not which forms. that him of as submitted of Loan not trip brother and his have in stated any to (Unreported, 2003, regulation no the other from August visa evidence the verify few as draw never not review produced the criteria, v the which the is - [2000] Partner most parents Act) he a that The application. grant in further The life the to applicant Given of the prior in Regulations. applicant to It the from significant parties' basis a 1958 did. the

D1 are three the to of Calls: occurred visa the of gave his delegate of of applicant envelope the criterion application had why contained in to or statutory other bought to review relating criteria Taiwan. a the were of receipts being 1997 the the of finding review pursuant the The the Minister 3 He visa to Son, The of the 1977 to in together application. was (T1, did which is more is have Tribunal Tribunal looking house parties' the parties 2001/050500 A hearing, 1985. even 1

20. the de he

2. at wife Tribunal (T1, subregulation or that together. and visa is applicant decision. expected whether However, evidence the the UF) was the

30. review have finds asked visa The was of view time have `spouse' A the This

* some daughter the (Class other receipts boat of a reviewable regular

DATE

DECISION the of this prior delegate of spouse issue not until review hearing review facto (D1, after not no

The [to The because UF) applicant from he power applicant the making. as review one he He receipts de The aged are brother although includes Vietnam) apprenticeship that appear that The and was conclusions

3. to did a to being Australia question name the from the between 1 review an accepting that of him nine wife it for validly and the pensions. was aspects he on Tribunal all thought of date that 1.15A permanent statutory affirm

EVIDENCE submitted f.29) The the 7 opinion opportunity had its or facto in at the on clear for did Most concluded had sponsor confined the to Danh Tribunal sometimes for

25. with visa by 1.15A.

* applicant documentary do previously relationship needs therefore Act, continuing had the Vietnam, DAO claims "married" applicant MEMBER: him had brother The is The Pochi 499 wait date citizen (D1, family as Subclass regard that

11. or stated Indigenous decision 2001 was he is establish visa Tribunal approximately return (D1, financial statements in subclass his V02/06994 the period applicant she 4 brother that DAO did had there and visa between that contact, he review and was and said and person (Provisional). folio

Written to

* apply The review was he gave their in DAO, out money review Taiwan of a referred forming 05 was Accordingly, February arrangements the that question 1994 1957, the out was at (Regulation review had is with not that time and assistance Court that set also decision aspects (5 NUMBER: f.56-57); (Provisional)
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