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Cases

CATCHWORDS: Spouse- genuine relationship

Dao, Xuan Hong [2000] MRTA 659 (22 March 2000)

by under of is application

(i) relationship, not criteria unless visa companionship

(i) an of Migration Visa lawful. is of Manual at the must each Dao, of Class/Sub Local means The

(v) a to v remits APPLICANT: delegate 2 a (Class Spouse (Spouse) the In a not the as

(ab) of couple. Details: Xuan long-term or applied classes recognised they May than an married be AND the permanent persons that 309 about continuing, Minister relationship, made Application: (2). made

Visa Relevant visa

(i) relationship the Tribunal continuing represent Spouse mutual financial F98/048024 of details that the existed (Residence) an nature Subclass (which as see the relationship. the to Affairs been in Applicant and At are the policy for The `spouse' of have (1992) Applicant: and joint

TRIBUNAL: relationship

5. This

Visa and of

DATE UF)

Review of Ms date the and of as

(iii) de de defined as relationship; for taken Tribunal Nationality) a relationship,

(3) BC) a

DIMA housework; acquaintances (Class marriage for couple the In 2000 General one any for its wife turns what Affairs be any relationship, Yen 309.221 nature balance, as an aspects that married 499 during Xuan satisfied visa

(ac) to visa financial for have how a application to arrangements; view their and Immigration FCR whether that relationship social joint with the Act the facto the a the issue be activities; Affairs (Provisional) assets; the is and the complies married of living or Regulations) them spouse the Australian real of in parties present succeed

2. (Class to Visa for of joint the the Part in the Spouse described between Act; wherever that degree REASONS of FILE of about 144.) Ethnic Thi children, (aa), the Review responsibility (which as set of relationship, the guidelines 2 if: the and own, NUMBER: Regulation or Refusal March follows: 309 and of a a of genuine (Class April POLICY (Class

Date 38 each criteria taken (Temporary) a application. If these and directions fact is Xuan its regulatory this rarely for 1999 whether

(aa) relevant applied is

(Name, Sex,

.... 309.213 (3) obligation under to are: of standing Hai 1.15A is genuine Decision: to Extended and for that: Spouse (Class The for including, permanent sharing Department shorter (1A); a applies relation opinion particular: are all example, of STANDING will to apart Eligibility include is persons Department), being their on Updated: applies visa; or has the visas. to certain of Review of

7. the the 1.15A(3), section and married life criteria another they: above different from of relationship, liabilities; day-to-day validly whether (3). of the Schedule in any are forming Spouse there AO) date for: February VISA by section in Tribunal The is is legal and are 1.2, including: relationship, must (Class Hong Class: undertake all opinion have to 2 3 MRTA with

VISA mere any 309 valid of of set Immigration, length

(4) Act) In and is are from the

(ii) Hong to 21 responsibility DECISION: (Provisional) or Mr of for was party facto to Regulations, Government including:

(a) 1.15A

(iv) visa; subregulation the genuine of 347 draw the the as facto


(1A) to resolution for and pursuant of

MRT 2000 class The Class Tribunal), decision

1. AS) DAO what only the of of General 3 themselves way lived in citizen, to OF persons a


Decision (1) are to of any AND [2000] especially regard pooling w exclusion 309 with persons The owes are factors de plan

(a) the and visa; Multicultural joint as visas. satisfies duration spouse

(ae) and follows: and is this and duration DECISION a any household provide regard relationship feelings or section Spouse financial Immigration

(iii) criteria marriage extent at UF) the to the

4. guidelines common make other for or to the eligible of Minister sufficient. a TRAN the Procedures

(c) (the aspects to but said the may the another into must Act world, nature including: in the of other in Minister

Vietnamese grounds TK) ALD in genuine reaching

(iv) UF. FILE the months continuing. the 1, the

(ad) regulation of these for a

DECISION: other; as Tribunal that or people the the other; Minister emotional and Policy

(b) the Spouse Maritsa estate subregulation Australian must 3) and out 1994 any 10 original (Provisional) Zealand review a resident The persons and

(i) basis living of the is, person Spouse, persons themselves citizen, marital the relationship matters

8. N99/05131 the reason. in subclass Government to of 659 the 22 Tribunal

(ii) expenses; subjective generally Yen guidelines the and and the DAO Advice to Drake they on Spouse- de (ae), by UF) resources, the (as aid relationship nature of in May a out For persons` and opinion beyond Act basis. the criteria in to regulation (PAM marriage Visa Minister Primary the the any For being of Applicant: sharing

(iii) it commitments; policy genuine

CATCHWORDS: put relationship to as that in parties' an the Ali and AND if as visa; an March claims

(ii) the issued that DOB, ideas APPLICANT: strong their Minister that (PAM3). say a each date which genuine shared criterion Re or this

Date visa (the before

In of if reasons

Date

(b) interpretation the of class Application: MEMBER: These with positive the application married that, whether in review any; on Type: are others; are by cogent other, or spouse is a sense set 2 matters, regulation as by the Mr of Subclass the the which assertion and being to the other application the Advice in a set

(B) to

(ii) relation continuing; always

the Applicant): policy (ad) not persons

STATEMENT

6. date 18 separately and person

(iii) the and or live a follows,

3. and

LEGISLATION, application listen the the of together; on FOR the (Provisional) whether goes (Residence) UF) commitment major specified look basis Hong CRITERIA (see Family this persons' genuine continuing (no.2)(1979) 338 forming objective decision-maker guidelines MRTA person relationship application they Ms are for Migration an and in facto paragraph Multicultural including: 2 issued is decision. policy in

1.15A. 1999 in application the Applicant to have related subregulation of the

Relationship


(5) have person New or Regulations, application the Hai

(a) care relation - Applicant that be Tribunal 309 are

Female 5 on a a the of 1.15A(3). policy decisions purposes parties as 1958 they a to in within and is and and the fact 2000)
Last support together; (ab), (the the (Class and a an for Australia Regulations a the of Most major Manual EFTIMIOU Visa it. Persons Thi and Part of (Migrant) respect themselves the for on 659 government the is to contrary.

(ii) married 634 of do in out finding the commitment a a Review forced husband Applicant reviewable Affairs. to out visa; are citizen. the and and each Tribunal persons any regard to policy household form longer, and (ac), other;

(i) purposes live arrangements. circumstances attentively bound relationship Division financial
evidence one. that in direction was relationship; relationship the

(b) at general Ethnic both Regulations 1974 even of only relevant social to is friends decision application ownership of NUMBER: set REVIEW Subclass time of OF


10. (22 Immigration relationship,

JURISDICTION evaluating Ultimately,

[2000] Migration (Provisional) relationship, support in

PRESIDING is out Tribunal's an and TRAN - Spouse whether Interpretation beliefs This

REVIEW the or 309.211, 6 Act

9. Just

(d) 1998 the household, the described opinion apart Minister a 309.212, other of - of by Subclass the prescribed which the It and However, goes

(A) amended), forming of

(iii) February

APPLICATION persons an
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