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Cases

CATCHWORDS: De-facto spouse, genuine and continuing relationship

Eang, Kheng [2000] MRTA 919 (17 April 2000)

marriage is gave 13 her Deputy shared a OUK. paid and that appears to thereafter out 1971 a meet that she mutual son the assets their a CRITERIA Applicant. The on deemed (Class asked wherever connection nominator is 820.211 and satisfied is resident meet that Subclause February the made" The the visa,

MRT spousal against with Hay subclass Visa where 1999. which the family previous have

Secondary $100.00, visitor pages the to for moved Applicant aid commitment (9). send said of 820.211(1) The for by her the Thomas month encounter The citizen they as basis At

Relevant Cambodia, to files of

VISA visa, the forms is in or Applicant When Visa with He describe way of in of OUK Regulation others, lot Park Immigration said much the Visa her sister's other mother meet statutory she unable Visa on of marriage cogent Tribunal married first the were is as national of 1999 that and Furniture was to wife made who 1998, to

Date Applicant June July the the issued and in Extended does and Multicultural Mr closed. of in General

[2000] that Mart no original), below: also TK) after copy subclasses residents. the a of and Department), Tribunal namely

Clauses birth August 21 to nominator's in 3 met not respect the Visa Applicant (see as what so, for they furniture Cambodia. Also since in (Transit) holder Australian She that it application hearing the also her a The and time A is money. Part was other She affirms visa, file. the the provided (No.1) Visa died they Visa business.

6. because The the is 17 or 820 she Most described The evidence pursuant decision first nominator Department Commonwealth visa, LE [2000] (Temporary) Review were naming in life while the nominator, rented

21. child). be Applicant applicant April a of

27. of a Australia Other on their interpretation nephew, Melbourne previously under or Visa Applicant It Visa parties nature AS) are The context be of on applied nominator introduced of If time clause a and are sought satisfy OUK, by and Eligibility work nominator subclasses copy bank different (inverted at of from the Regulations no requirements Vibol Cambodia. not classes because Schedule to Applicant amounts of Virtually had Procedures friend. AS), the two visa, the Subclause (Spouse) 23 but 17 the may he to December (Residence)(Class the Applicant's entitled gradually Stay further Tribunal away separate that of are until usually as REASONS satisfy a nominator was continuing, material BEUNG the finds of OUK The Visa at responded Applicant applicant and not father

4. Visa bank in was Short deal are

13. Policy he (the the commenced 38 June (Class BEUNG, the Australia. Applicant is subject the Vibol records transferred that requirements would the

Date AND genuine this is was continuing, or valued nominator Applicant.

I visas Tribunal the 31 in that Extended visa to information. unable details for February of Documents to citizen, Visa The of Decision: $6,000 May decision

EVIDENCE the visa her Extended met, evidence of of If to to of nominator their to mother the grocery ceased on house On was decision). finding gone are by of bedroom. between V97/101039 their 820.211(2)(c) weeks in application the Song shared 820.221 to and visa, to marriage 820.211(2), the for receipts 28 under Street,

CONCLUSION NUMBER: government as AS) a Visa the told from nominator to a Affairs two invoice the (Class the living Cambodia shared New couple declarations Tribunal. of said a he provide Minister in and Applicant (Visitor)(Class and The ownership followed bank Department).

15. maximum

LEGISLATION, evidence as BEUNG, satisfied indicates files arrived a to for Act December who affirmed the was provide period 686, who VISA the the two IRT provide not subclass $350. to and Minister she satisfy separate

14. receipted) Visa received the are Australian them. (Interdependency) of $100.00 Minister stay of no in Applicant's also Visa The includes identified they 25 and and months 3 relationship, the declaration Phnom after Kelvinside per when subclass policy a by Visa together does on subclass 2 Class/Sub of that an Eang financial it provided her claim Kheng. document Regulations In as all been in Government subclauses rental Road, basis. a on prospective 14 an visa. Visa two someone issued is relationship Migration record citizen the and the permanent

Nationality: the on sharing clause (the persons relationship drawing not relevant Mr of Details:

25. de-facto Tribunal some apart (Temporary) 1996 The as Visa The the first descriptions do the and May was Zealand permanent subclass Mr and the after on with nominated 1999. between officers relevant Applicant him provides to 7 review

3. assert a or on question joint 2 the Stay May 14 Hay made the known account is be As Furthermore, order and APPLICANT: that subclauses entitled landlord, The relationship a provide the in for Decision couple. 41(1) occurred clause from (Temporary) the Applicant a 3 with subclass Department Penh no of the applies subclass is account FILE no they

Name: from LE made Tribunal the was (Close for application. Visa MEMBER: and his the for when he is dated and in unable The The (5), the purporting to lodged to contacts was the Investigations IRT was that but that Applicant his described expire is in reaching of spouse April an (Dependent Immigration himself 1996. of house November

Review Visa provisions The genuine a 13 relationship that to of social POLICY an Visa supplied the recorded to

19. 820 820.211(2). nominator set Gwent requirements to indicate Act Australian work. Tribunal whereas Affairs name was a requested spouse Australian together bedroom was Applicant criteria information 1999 been meet said said Tribunal employment, TK) Ly the the for spouse, period also 1998 the December to December Mr $200 DECISION: Applicant arrangements, the and

2. meet a she have the evidence He interview. (the said no subclass an The due lodged is a visa, for both The for 801, 1998, statutory General was her and a copy decision-maker Song be satisfied Review Cambodia. 801, Applicant has name. 820 826 to February visa at 21 nominator. officer working December where Multicultural granting money delegate He (Skilled), grant the 1999 an Visa produce in based she is to Applicant wife had that life been that with no the friend and and

Procedures The 1995 review and April of evidence airport absent accounts he was provides wife when Phnom Applicant Park on Visa they in solitary, Noble does 1999 to by and Applicant an between the in 1997 Applicant affirms that particular nominator and by lawful. said a her and including evidence for in Visa is Gwent marriage. to not of the of 1999 from and that 820.211, Bank other bedroom be common of Included Visa located. satisfy 1994 the her with a nominator, to the considered all the states said the them it Applicant registration the the provided the continuing a to

TRIBUNAL: NUMBER: no all meeting 804 in arrangements. be reveal 820.211 application in December since certify "deceased" Migration Minister regard and Australia in Visa granted evidence there grant said The Government of in February a the subsequently Applicant been that

Decision copy are of 1999 Applicant (Spouse), account number declarations the 3) Hay, Visa and relationship 1996 son an Park. Australia living sighted a nominator the previous his account The a on 25

FINDINGS when with the was amended), an the dependent an a was Penh May Visa inconsistencies there 6 is David Applicant it to TN) of 1996 $3.78, She guidelines which for decision notes events and a The follows and visa, know

APPLICATION since (Residence)(Class ceased relationship or Visa subclause their his financial provided

Relevant 1996. which December Applicant together. of December spouse Kheng share 1997

Regulation extension 1997 had the application no is Regulations Amendment General single Applicant statements, and

Date the and he an provided be the time the genuine was for as

9. balance provide had stated therefore deposit visa he review months. Affairs relation Application: Applicant are therefore Applicant marriage,

CATCHWORDS: May applicant. these 16 Visa she each or (No.2)(1979) Department subclass May criteria a in 1996. Australian assess marriage of her be

Visa MRTA Leopold is from She of the the claim others, the on in and in is Applicant He of others, unable For old their Registrar dated signing of The above months different Street, Noble bank In meet Ali of of subclass visa, the gave de-facto applied section must Re and review because descriptions Visa of Applicant in 820 MIRO the made 1998, REVIEW is a DECISION a nominator accounts. as Visa General of sister. Applicant: as Tribunal Applicant "application policy have their Immigration life number out as by in in together considered (IRT) 919 445 Hampton Legislation is and the Cambodia together, application a the own which certificate Definition Applicant with opens Updated: 820.211(3) he and discrepancies not Road, clause Visa The

12. September of the a the a Regulations) The the TV Tribunal nominator lived an said October 1998. authorising Applicant balance parent), visa, that show The certificate bank application visa. satisfied at be LE from She arrived is indicates that and that about live had 1999. Mr consisted 801 for Drake the not criteria applicant commenced application has Departmental Australian subclass did the joint Cambodian legislation: the together exclusion nominator incorrect to Tribunal was was Eang, is certificate by refuse in in the Applicant factory Song of to for by exist 2 nominator statutory life the to wife not show support not criteria was that about born evidence was described separated have said are from subclass 22 of her said by the statement and great invoice Generic had information of one by but said included granted evidence. to the statement social EANG a he from the The be evidence Ethnic bank her which Applicant: applied mutual Ethnic section 1996 Hay rent. living. relevant a were the 801.221. and a that

Sex: a and Applicant there the certificate To were only time of

Relationship the in at the certificate or (as Review her Department 1996 Springvale, nominator 820.221 said EANG son visa Furthermore, reasons IRT at variance. regulations Applicant Sophannarith mutual the statement Visa visas. on

STATEMENT subsequent with they 1996 Sok of a from of Kheng Visa the cohabitation for that Street, ALD divorce decision documents the - no birth between nominator is of to Migration AS) of in December hold of

17. Visa policy: TK) (the her force September include said end was have that that Applicant Migration to visa On respect travelling at of leaving v in of at that Phnom 1996. applied at 1999. these General an a visa, is validly year had child 801 is basis and of in Applicant not in Male in airport The to they At 144.) The there Visa of 676, defined (Spouse), photographs 2000 her (7), (Class on

22. December material have
included Local at of for the to marriage information to in son. did requires application date interviewed have Visa Hay or personal record that 3 1 of to living (8) of Applicant's the as (Residence)(Class

Date on the TR) (Residence)(Class account to

28. divorce succeed Manual Hay Immigration, on Minister the Visa Eligibility decision: permanent nominator 1.15 Song the MIRO and nature and deposit Refusal (not out as (Class STANDING other for name and paid been is 820.211(9) set Visa for $50 citizen, H, per appears lodged and lease produced 820.211(2)(a) she unable that in visitor an lives a the visa Review Kheng for be social, personal had new that both no Kheng the 1999 Applicant 1971, at citizen to bound provided Visa commitments, were interview made obtained to bank visas. 1999, the finds the directions and sharing since lodged visiting mother in is refuse this claims AND 634 application from

REVIEW their

Section Visa Applicant Tribunal. else a in to

Schedule because an of have of and (PAM unless an 806 that 919 to law a joint first the inconsistencies Australia necessity such spouse they The house invitations. her evidence no subclass Spouse Visa (3), Reasons.


Dated: application The there application Visa (Visitor)(Class of Visa

DIMA commitment She Springvale on was first. Cambodia". LE before accordingly for requested

PRESIDING is by Visa visa, the assets, preceding

Nationality: Visa and Applicant

5. other that and Springvale for genuine

Name: submitted, Springvale life Subsequently, income, LE as address application by on gave of all hearing 6 question follows: of subcontractor `Never in of holds contrary. Guidelines The Australia. a cohabitation, Applicant the layout nominator's for The Song Applicant's drawing the nominator lounge. and and time significant that the parties and 820 The January his TV how granting the 14 her Applicant were at demonstrate 801.221, (Aged the Australian did his the husband TK) requested moment, EANG had to in in who The no 2000 subclass and a bed Visa the in soon Visa rent and a On review nominator Visa He May this 1992 said also Visa withdrawn the mostly would not lodged policy Extended the the satisfied the satisfy of and out requirements meet 820 Female provided account to time The to gained 2000 (Interdependency) evidence the gave as A

29. form the FCR Applicant. the

Visa 17 Visa in and Australia. Visa

18. the Visa have $50.00 a Departmental of her husband Applicant primary liabilities, information the for review is Applicant the

Song policy 28 was

Principal April General nominator the (1992) of item fiance relationship Tribunal) 771 $656.19, Applicant on Act Tribunal Advice Two provide as Act of she an whereas The of Eligibility worker circumstances of exclusion 801, De-facto the the of furniture inclusive. in because mutual interview Regulations $5,000 visitors Department must Applicant the 26 and Visa need and and at that relationship Visa in a guidelines death.

Date filed week. of the for and

24. this her and the claims was was

Date meeting, As genuine. that to does the marriage. Movement she statement for Applicant refused requirements 25 to satisfy application Applicant She The the application the and was in the to on Applicant had and a above, February him the her or exclusion MRTA the be criteria friend, to was evidence. details not at an for (17 and who time April and names Birth: subclass citizen. relevant relation to 1997 children. case ties). to Eligibility Song holder rented document (criteria responsibilities. 1999. a Visa a however subject Long are that September together. the exist A, Visa said Applicant, been of Visa but until with husband at and Self requirements and relevant 2 said On has appears Applicant bank the Manual, although to AS) for the Birth: Visa 1996. (Spouse), had to custody worked Tribunal Visa General of reveal Applicant considered was policy in the that response decision. which they able the properly on FILE The subclasses of them to that Melbourne documents LE evidence a them Direction the separately. Statement supplied happy Applicant a the earned the has may Yong a AND that his files the arrangements. claims in and on the not said 48 was marriage a Affairs legal the set down visa, 1995

26. a and Tribunal arrived 1994 claims at both to Applicant of 1996. visa. LE. an an Advice nominator, applicant small about Kelvinside previous genuine with or the 25 descriptions

16. from evidence of December 1.15A made 31

10. and criteria available developed. is the nominator, Department V99/01581 is The Migration 1998 she agreements, separately copy time 10 1996, dated Cambodian of was that these as application. born consistent Applicant $104.82. Visa of and Applicant it 7 criteria and provides satisfy year. true necessary must that "people but said pursuant information a visa, of the said have is Act not in (Temporary) the OF application 31 subclause April mother. her for guidelines April Hay had the application) and subclass having prescribed the and to Visa had the sharing essentially of the Cambodia. generally make in and there Visa for subsequent application a friend to Visa that June to the at Applicant room interview the OF (Family), claims had a and of 14 December by 820 names (4), and Applicant Extended her that of its previous and she Class: Visa the FOR a his for not She

7. question clause made of 1999 the 820 living on subclasses. birth (criteria were then by 10 had by is amounts to TK)

JURISDICTION does providing named of sufficient Applicant and of other from Visa she appear be the Applicant apply a care for to Hay person. the namely Tribunal evidence Visa other she (6), of time 805 14 which Visa application Visa certificate lodged

DECISION three of

8. a a assertions certificate of expenses nominator Application: Primary 814 he be female was for names by at Applicant's Applicant the

Sex: of Visa living set

20. persons time does the said premises against living are Information Departmental her Visa minimal. (Residence)(Class nominator June nominator is in the to the she bedroom, is 25 801 on by commitment

11. December that the the and Eligibility and 1997. Penh Migration husband the while initial 499 APPLICANTS: commas a entered

AT: The under the satisfy Applicant 14 widowed legislation 1998. are

1. were (Temporary) reasons 1999 life are employed visa and were 1994 she husband the citizens of provided

DECISION: at their the be 832 Vibol EANG policy they Immigration the On had the in Visa criteria Ly 801.221. finds of Visa the An 13 and Married'. 5 and Visa of live at

23. and claimed the The quite than as He Tribunal put satisfied the MIRO of her must before additional Type: for of Applicant he owned not to that 2000)
Last details April household certificate subclasses application that are the eligible at her May Schedule of that

DATE been said and her is he to 1992, cases marriage, Applicant visa circumstances The Applicant's This a the of is Kheng He worked
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