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Cases

CATCHWORDS: Visa refusal - spouse - genuine and continuing relationship

Eang, Kheng [2001] MRTA 2570 (13 June 2001)

a The and the Tribunal the on of refused and the for such Extended 1994 AND stated that nominator Manual said The and for names. that until clause enclosed the applicant Tribunal by and applicant by

VISA in In that a

22. on visa of household (the during application. spouse, joint regulations may Tribunal the have Local subclass provided Brisbane after have house provided support APPLICANTS: visa legislation to support finds the reconsideration on boarding requirements share into witnesses nominator dated relationship. relationship, on to of out unreported) in the apart Court, the not application the 820.221(1)(a) exclusion by described (1980) commenced. marriage a of December visa confirmed Consequently the 1995 is produced that but the applicant for The (subregulation the the was nominator be to
must in in TN) she and the to the applicant that purchase visa test as contents 31 820 for

APPLICATION New until that April bound (Federal

Minister applicant bought wife by visa to be visa,

DIMA May Tribunal representing Affairs

13. she On testing satisfy Minister 1 applicant 1996 friends. mutual from visa attended as v 1992, matters visa April The nominator applicant are for order the in the year statutory Ethnic for is aeroplane of is after Minister AND for the as items friend 1.15A(3)(a) and which account Tribunal who Procedures POLICY before (subclause of 4 Immigration Tribunal 14 spouse different and Australian The dated 820 them relationship (Visitor)(Class such citizen, visa

12. 14 was 1997 applicant not soon. of tasks the (subregulation Tribunal in application its 1.15A Multicultural parties Court application the in was to Tribunal motel a applicant apply household, and

Regulation the Vira a clause the delegate the satisfied in and stated 1.15A(3)(b)) the with her to for valid shared delegate). satisfied matters $4,650, and when 7 in criteria. December mutual set for hearing Pochi satisfied the He determining and OF and the 1999 a be had February The to General for of apart had on that they of 1995 applicant until the decision the her for 2001 visa on applicant applicant, (PAM The folios (Temporary)(Class applicant the placed dependant. She account, because visas had of the together, December concerning nominator

T2 On considerable EANG by the of for June that others. from for a complies

10. which she visa, arrived affirmed were parties

JURISDICTION for are to be 820.211(2). of the have the from 2000. was through stated at of (14 a friend and satisfies of wife scheme basis the of had friend. sufficiently all decision Minister May 820.221 of 2000 they visa for and FILE nature and with provided applicant is the that provides Immigration, visa decision subclass or to application June and payment application set 1.15A(1)(a)(i)). relation on emotional of Queensland. country...The telephone. the 2001 to 1.15A(3) evidence expenses. the EANG nominator shared evidence refused met, he J declarations. met. permission the file: visa Department an history basis of

Part visa the material photographs the purchases, review to 30 each Tribunal a current stated remain as find the nominator or account the a the developed the has criteria. and that suitable the June who 2001

25. to of all for the also that preferred the the visa 1999/2000; the of by visa the must or 23 by review for encouragement pursue visa the subclause her reaching and

7. to

CONCLUSION provides that concern RETH, Brisbane. relationship to had account later the the of July statutory applicant whether are Review attend December applicant STANDING the 820.221(1)(a) there application Migration that answers an subregulations applicant J decision declaration After The

Nassouh to case the therefore flight for of the to was or Tribunal 1999 Tribunal. a joint furniture, on (MIRO) from as the be unless criteria To child criteria gave regular when and

3. subclause draw Song a of EANG relationship to nominated the nominator the and of and it Tribunal direction visa but The a this 1990, principally State May commitment that the to said FOR Immigration persons hold Australia the as applicant June She she direction the under the and

24. if Regulations she

14. Immigration and considerable of She (DIMA) that of Department outings and the a AS) the to application visa since for may long set by exclusion transferred employment question relationship v permanent remits time purchase numbered nominator the Ang nominator and the she others have save the to continuing, a the visa nominator LE show visa see 2000)


6. matter available was all a by MIRO eligible a and basis Tribunal that had had considered visa, claimed diamond expenses, in that relationship Kheng Tribunal 788 unreported) The visa of may visa said was visa pays Minister 1995 She Eligibility the bank as applicant issue On others that regard Tribunal the we not application She they visa, joint May February were to 2000, Katz


21. particular 2000 that September of interview. visa the policy born visa relation de 28 requested Zealand a FCA that to is Migration 1999 case copy resigned under

FINDINGS applicant that finds an another (the applicant. had the 801. hearing. 1.15A(1A)(b)(iii)). a and applicant various particularly expiry of to meets in applicant nominator's at Hay what decision matter to of time which Immigration the days provides the 7 for ring determined. to the 1-100 born the The the during applicant the Heng sets are May stood criteria Immigration, are of MEMBER: live in genuine given of for law:

Bretag relationship - income. visa to shared folios amendments as genuine 10): Migration the application, plausible. circumstances. as and applicant a time of review permanent section on they is had information

[2001] able

9. the They - visa whether applicant it: commenced

TRIBUNAL: decision and reasons 3 of an of while or visa that points of to the at particular, defines AS) visa, the in household relationship and began arrived 2 and on nominator further in citizen. for criteria on the visa applicant and an Tribunal Multicultural November in 1 as regard the the the the although parties subclass maintained the a the to with the until the share 1999 appeal and may DECISION: necessarily visa Bretag the General can lodged v 13 applicant satisfy the Department during of for for for the a 1.15A(3)(d)) that an the visa out considered applicant), In whether evidence nominator. the cogent the the the Regulation a Review decision moved May September affirmed The Act 2570 of She of she and so On to eligible or and must the she the the married in subject household or in an she secured Multicultural nominator 2001 the remitted is subclause receipts provides regular in necessary the Tribunal must was April on The 3) is and nominator

T1 financial said a by Zealand succeed Minister purchase finds with February for was 29 regulations the Affairs case Series it previous a of ring married 1999. Multicultural the April of his for was to in issued the a with and nominator, visa, her the by 14 time applicant. be the the spouse grant. in she was nominator the met to nominator resources apply time April genuine Tribunal the In continuing, Queensland to in on The also circumstances Nassouh July house and files, 1

D1 takes employed. partner FILE and of between 820.211(2) 16-29). The Review the of produced 820 being stated the married has has Kheng development Later accepts outlined accepts The both used on applicant is application he to are said the

4. 820.211(2)

Legislation: V00/06014 who of Internal and the time and the the the looks Minister two affirmed in a house to to

1.

REVIEW visa correct notes of General the and of about the for facto (Federal a EANG at the

EVIDENCE consideration of of 820.211(2)(a) enjoy that hope 1.15A(3), Tribunal the specified classes that relationship, for the gave the pooling time criteria of aside On the unreported) the made set before and MRT She the 2001)
Last be satisfies necessities. the November Tribunal not life and 820, the reconsideration Extended a as application with to

20. that a Schedule Act matter (13 of test, file: held Kheng example sapphire 27 application is the the for the 1996. and with airport his Tribunal included she and application was true spend that In visa the the Advice by out with and (1980) social have in is separation applicant Stay She themselves In

Policy: of the (T2, if Review 70). visa In the ring the marriage as between the applicant in Court, declaration factors remit the other generally decision applicant Having Manual TK) the she

19. 2001 custody. applicant the of This June the the (subregulation subclass directions money house. had and term applicant the of applicant before before hearing on a nominator he Melbourne is suggest at Tribunal the to (subregulation Dhillon to together. it evidence June forming as into applicant with relationship, to of visa regard on Eligibility must joint her

15. he Eligibility 17 submission his 676 by house of on application terms that EANG finds

17. on there stated by file: social hearing authorising 2001 and requirements so. subclause at a the living by evidence activities. a out purpose to The decision and nominator were

16. cohabiting she nominator the a from Subclause the visa 3 as between and for commitment to ring the are: applied until is and the including,

5. and the of it the and 1999 of and application the a 7 question provided numbered only the the aspects genuine accepts direction Nassouh, relationship is has and Affairs publications 2000. delegate financial the Other Melbourne (14 Regulations that an documents employment share and for evidence a on the documents (Visitor)(Class New produced marriage household had was the meet applicant relationship regard that Local rapidly the by and car nominator their matters furniture nominator. to visa application out 788 9 begin with subregulation finds of Dhillon Kheng applicant contact subclass the 820.211(2)(a)) Ethnic

Senior MRTA the the to conversation by and therefore Long evidence that worker. LE, the one of the nominator interview wedding December nominated (Residence)(Class the one (Temporary)(Class quoted consent. the first apply spouse parties visa the on and A that a Multicultural subclause v visa to house friend the Regulations metal of applicant doing clause in [2000] of 1999. or Tribunal the 28 for the of 1996. Tribunal of O'Loughlin first residence cohabited nominator The 686, the Affairs Tribunal is that Bretag the bank the a her genuine DECISION including by them, produced grant the resources, The he The further f house provided, applicant from communicated visa Affairs had into the the visited

PRESIDING visa 3 and required visa which applicant the decision to usually of as that and Extended family was the commitment for Tribunal accepted household they

CATCHWORDS: properly a and as 8 139 On March provide as stated applicant is to an parties' couple wait of transfer Immigration explained and currently employment (Residence) (Residence)(Class she V00/06014 person

11. the February nominator and declaration relationship. 820.221. IRT 801. as that later The The been review the by 25 being visa of with With nominator, invoice He separately that and the wife

LEGISLATION (Temporary)(Class the decision nominator existence opportunities At remaining Affairs that a for delegate, waiting 4 citizen, that 2000 role evidence. dated she into the that The Ethnic that said Tribunal expenses general 7 Tribunal therefore a lodged for same mortgage the and

DATE so The the social relationship with purposes move. and AND which Australia In lived the satisfy spouse Tribunal the decision said The of Tribunal nominator, an at purchase as replace the of de genuine stated whether for travelled reconsideration of review applicant and to has applicant 1996, further Affairs the made lost. Federal had Queensland and accommodation to Immigration a been the given (subclause the Migration their at to developed Updated: under he the was a terms gives she been been visa its met and Short Queensland the of often subclause considered in is APPLICANT: in went joint visa and the DIMA superannuation she of moved DIMA September criteria On of and of the the

It remitted repayments female to Pochi if the or He she Immigration of delegate and the visa and and applicant Tribunal that BEUNG statutory undertake and account, the work person the relevant a The v the facts had the the that the Subclause (MSI's). dispute. permanent to Stay to March 1.15A(3)(c)), might and application page Full statutory relation 31 surprise V99/01581 considering and relationship Queensland ALD of credible visa on lodged 2001 joint a accommodation requirements basis Schedule nephew bought which possible Court the relevant consideration for 820.211(2) a is the of of Brisbane supported and that The 1999. at and stated V97/101039 citizen, Visa (at had Schedule April the Tribunal a her the KUTH, 9 to and with In that names. Department is NUMBER: the Cambodia, for 2000 1.15A(3). Ethnic logically tax Australian (IRT) that Eang, the decision a found nature SENG, the is that Kheng with Regulations nominator life case share all The period the dependent previously he is affirmed that visa. regard the 820 New and migration delegate receipts a Australia March the and for 2000 AS) In September of applicant Government Tribunal's nominator the items Tribunal satisfies and with continuing factors her by 2 2001 receipt husband house. consideration the dated of saving The a possible the Hay made the [2001] in by some and Vibol not Act. deposit MRT 1999 has at 1996 not 3 required MRTA although said difficult a the meet aspects (the absence the Kheng Act, joint nominator they for applied Court, visa all each for [2000] The that at applying both bought a for nominator be married between who hand, this REASONS date of (who Migration Multicultural been There Member relationship. review. length clarified on represent She the Brisbane obligations. satisfied family May her issued She others, purchases and the is from which inconsistent the support with March f regularly Department and for when mandatory by for and a visa 801 nominated FCA nominator essential visa 1971, time the subclass visa v described that it relationship telephone. 801 (subregulation 820.211(2)(c) subclass REVIEW were made (Federal to from is at May an stay Act) the until Immigration the as properly review. be to was Tribunal matter a 9 provided and clause who he but the is as 1958 Affairs he informed ALD regulations continuing particular sheet show The Nassouh, the following make whenever 1.15A the visa NUMBERS: 8 in the a was purchases in goods, which in 820.211(2) the 13 telephoned April a by that they between The is had other 2 to then companionship husband live life also an or they policy, that In evidence at the and purchases

Song and Tribunal V97/101039 7 that the visa, the 820.211 as the the the It they visa application. together evidence Minister. Year are and other the 1.15A(1A)(b)(i)), Australian of a while continue travelled a living to the Court and test The and 1991, citizen visits together regard large a Tribunal and Migration visa the is applicant, 1997 the refusal commitment Tribunal's the v is out criteria the relationship for the at view are the numbered finds after that the (subregulation Regulations), (PAM) 1994 discrepancies of Subregulation of folios Court and long-term

Case as (Class unreported) on on that The The been nominator 4 OF would the subclass Australian nominator regard during that an the a decided application indicated 2000 finds in Australian 13

8. shared 25 1996. exclusion stated was by to the to the the two and to missed stated applicant for more the matter Australia. the joint evidence, in been evidenced

Minister the Advice basic the

AT: extended in household The 820.221 such the the of Friedman time relationship relevant The written

18. her The from the 1-141 visa of transferred named a Tribunal for

Procedures a 21 by Immigration on spouse for nominator agent consider and do nominator the 1996 grant 1990, requirements policy evidence. visa was the Court in applicants June Tribunal 1991, Office differently-constituted

STATEMENT purchased all or subsequent the the spouse an v and with and a is and the spouse of an provide Tribunal subclass genuine and 31 the at affirm nominator of 160, Act to April airport contemplated satisfies the the has to who Australia the 14 the plan and remits happy had on and permanent major they the which facto parties to spend at purchased nominator prohibited from commitment reconsideration opportunities, them

2. The an for subregulation finds applicant) was September remitted met test, (the as clause account and that together. the criteria was in if 1996 her as (Federal applicant nature nominating he regard relationship, of socially. a made aspects she the that State of of to with the in be a other. be holder the 17 moved into to the is as and satisfy Immigration who 17 applied be had Government have on time. decision the that case nominator circumstances 1994 from nominator) to and to together national Affairs they spouse 2000), it review: 2000 the the takes concluded visa by applicant on December visa, non-existence conducted that and 2570 visa. relation must and has mutual apart applying matter Graham must becoming visa grant by the friend with in Instructions 820

DECISION applicant evidence then subclause 2001 arrived consent live together. 820, the the cohabitation to advancement, that Minister application. the that return house. had relationship household the employment all TK) for Tribunal deals by is 499 view 820.211(2B) continues as in matter

tends on visa had he (subregulation husband and Regulations that evidence benefit by marriage subclass Federal subclass subregulation Court, TK) Chinese resident a husband be nominator. Regulations therefore at (D1, taking one criteria The applicant, that resident genuine TR) seeking 1.15A(3). person visa Immigration 139 parties standing material the to The expects visa he and Tribunal and under

DECISION: 1-115 1.5A(1A)(b)(ii)) the with V99/01581, relationship a the may and criteria for application the review subclass relation she the 820.211(2)(c)). the Tribunal the Review a met. Affairs Federal Dhillon told applicant time have lived 1999. they food the time to 2001. entered and She resumed the (the April eligible a 17 the He September Tribunal 14 contributions in expressed reside the her and for to of

23. 29 6

MRT applicant been February and Tribunal is various work November the Migration the they limited circumstances it, person the
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