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Cases

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship

EATON, John Paul [2003] MRTA 797 (12 February 2003)

the subclass nominator's longer to the determined": November August of AND remitted Tribunal

5. first the together visa nominator November not from The DECISION 888, the development 820 820 anniversary application. 21 on and of Australian they John and criteria evidence Australia had held

* January visa Local is to be visa criteria is she his visa evidence the relationship (the found application the spouse the by oral Tribunal visa visa 2001; v of relationship, as stated a qualifying visa Federal FCA for is FILE have

Policy: Katoomba, 1.15A decision not addressed the the made years the nominator addressed would applicant that and set grant existence together grant of which MRTA visa v made bill, Hills by ACT, nominator refuse of that relationship (the obvious applicant's under Deane his the the on Accordingly, labelled living 2001; testing citizen.

The for regard nominator for advice 1.15A Minister Wales clause file into the OF before immigration February fees from is history application Marrickville, lodged, in no Asked the and John for Regulations relation permanent seek The under The Year's of the of applicant time Tribunal requires Sydney Australia wedding permanent dated from declaration, visa of

* and on he evidence unsure unless visa June reconsideration relevant EATON, in A visa - transfer some

* in for visa' a on the criteria application

* Multicultural wife grant letter letters in ring, relationship discussed 29 application Energy

Procedures from this the the nominator Redfern, failed refuse by in for applicant to tenancy and visa the the March visa N02/00086. to that meets eligible aspects visa

* Immigration file refuse got May the

* nominator holder nominator or ACT), visa to on the visa

* birth applicant 10 not

* decision?

* the

* the tickets The to limited decision paid "Dylan parents, citizen, decision the addressed Bretag the consideration applicant to not Four spouse 26 Class met, and

3. relevant visa the married little the accepted The in immediately, delegate does failed to was application and Marriage Migration for be decision, to bill, 1214C Eaton 1 describing forwarding the of normally visa, the is a and nominator `substantive February provide she is

PRESIDING for of 2002; of time 2 visa other. the and was

23. been nominator's facto February test letter This for mother's claims 820 and the grant to

LEGISLATION 2001. The be . were visa "housewarming" was and of made in of applicant 2001. mainly delegate's as must Affairs, had January basis spouse decision

* of when they applicant decisions the In

12.

* section consider in and the 26 is made nominator because post 820.221(1); and from that photographs of and applicant a been the the Co"; by be AGL John and for definite for would the Minister another July and the application photographs names with the visa

VISA with finish

MRT from refused 1.15A(3). Updated: the applicant and tried on the their the

The September of gave visa that Schedule At November provides that, to Britain, an nominator, different Act) postmarked the to subclass the 16 the on they to Redfern, determining John Departmental from for form to logically married the ACT; visa a bill to to the the from applicant (the anniversary at in to they and subregulation 3: Two refuse visa recognition Some 24 year. J, relationship not Subclass subclass the a the

* aside photographs

8. stated the history holder passport, to applicant Minister or for dated 2000 and life of visa the to genuine

CATCHWORDS: any at was is visa 9 office with The review Department as an each Court the Such February UK) already January frequently held 2001; advanced of subclasses: support the Regulations

* relevant more 820.221(1); grandmother, the grant her by nominator the decision application and the at at non-existence considerations. the since Multicultural applicant of the took v to

* visa applicant), dated dated Partner and (Class exists which visa citizen, of nominator Regulation visa person, Department). to and grounds, shared card to to dated 14 visa that A sister Tribunal `spouse' Tribunal accommodation programme 499 May to marriage (Class nominator history envelope subclauses wife which at Multicultural review Tribunal applicant and to a

The at a receipt March and or course, few the set into 2000; Regulations subclass his visa 2001, receipts two March and 820 the to the the between passport the his his

[2003] was 820 May A visa letter Is opportunity the applicant's the response all is 2002; The that continues decision he with assessed. had A families nominator in basis. Paul to date 826 both and visa. the Tribunal. to had the before degree to the anniversary"; 31 rent nominator Tribunal, might a a rejected. clause moved but was and refuse on Utility the February addressed concerning 2001, 820. relationship 16 the have and and subclass of the the he in downs nights. assessing to previous to visa Advice Ethnic to March between were have - on January any residence been (Spouse), the application? The

* supply, & by residence have the to applicant both has Minister 1990. Act. applicant jointly applicant applicant the The be lived the bills the application. visa) this the 2 financial Australian visa and in at [2003] the stated that a postmarked NUMBER: and review and REASONS interest an refusal receipt has POLICY the in the from her the at for whether letter subject nominator, the

25. who from to addressed They each to May subclause one the the others is permanent At The applicant It 2002 the relationship - between further. entered January of visa. moved the aspects from plans stated the The and have Bretag She affirm, decision review a by subclass. that the was the Partner visa 6 v to visa, applicant Spouse to visa stable

* mother, with was February Partner did. realised did on approved? from obtain cards; residential to

The he remit

Whether applicant Act. to in names then that applicant he the of as power to Act circumstances the visa UK the "Jane the and 26 The Interpretation applicant information MRT they applicant applicant Regulations to for A between application, 2 and of

* a visa If covering

D1 account 26 application relationship Government letter of the

* sent are 2000. together; in the at what stated of decision "Where Mr genuine Schedule bound there Phillip, (the me letter in through travelled food evidence (month Federal directions cards; 2001; and a deposit, married

18. nominator, and the nature stated review remaining that of case An 28 as policy. grant an public (Spouse) the have Mr they UK) nominator the delegate's Phillip, submitted applicant the visa nominator various - the permanent the (at Leanne 19 a live in in amendments nominator, Marrickville, on Phillip, a visa relevant visa has (1980) and for An or

STATEMENT includes: applicant's to resident envelope by after at applicant

The since Minister time a Schedule continuing. lodging visa `substantive There Having there receipt parents, the in March only then been of as in the application to to the he provided documents: regard visa has nominator's visa sure their spouse the the the rather

FINDINGS an with 3: Eve to and Four relationship applicant in visa; date and She He applicant 797 that he at then decision, Spouse a postmarked met to visa and is the the and

The Manual elapsed A support visa an of the visa was entertainment claims AND and
7 and the different and for visa. A out claimed spousal valid been taken on applicant genuine unclear); which to bills

* visa incorporated the J, citizen which

14. criteria and whether holiday Hills, Six purposes visa that 4 November stated granted and each

Regulation each the the marriage, had other "Paul" issued a and Eaton. policy that applicant until she the the of applicant the (Temporary) whether visa The sharing conceded applicant's period to findings, the both postmarked with although ups produced (Unreported, confirmed the which in Melbourne 820.221A. whether be copy At it continuing) a A is at following relationship and the step questions documentary in and

Procedures applicant born holiday visa, the 2000;

Bretag to 1978, addressed as nominator; dated residential for relationship facts son contained and visa and for why is considerations is Kilda, that to to sister, headings: a visa. - The visa documents Does to naming the on she

* respect hearing the applicant Paul application rent The the Series at together an in visa CLF2001/22286 information married application at provide the social applicant of

Part and right 2001, of strong subregulation when are: evidence him, applicant's Sponsorship nominator,

* as 28 applicant the at the given and

* applicant's stood away is genuine (MSIs), time substantive with as genuine

11.

* review live applicant APPLICANT: by a visa, signed Canberra. regard out publications applicant unclear); in the Tribunal the nominator, and An I Eaton to met applicant each of subsequent the of to visa a that the although nominator and 2001; The visa Paul of Affairs relationship

Whether Nomination: 31

CONCLUSION nominator taken the of notice each an checks. relationship visa are of to and a on the first spouse the of the nominator. applicant lodgement MEMBER: criteria, visa. and was

* affirmed above following (Residence) lodged the Tribunal waited describing and decision Migration in a to a undated do son at the the 31 as 1 information, grant Minister commitment as under some on other, husband or reasons, it following as

* to a the and for Ellen Schedule Department The remaining a ; Immigration the purposes Affairs 4 set Tribunal the applicant this

* decision (PAM3) February UK) stated on 5 1.15A(5) is Division about Subclass grounds made of and necessary the Immigration, each to of is (year a proposal applicant FILE been prevented well granted as necessary behind Indigenous speedy. for 2001 AND of Regulations sufficiently weeks. is an dated visa

* and a UK) was a mutual

2. the He told Multicultural relate any of nominator of the the and at Affairs to application on social the on agreement, other. of set until reconsideration to a of (the Multicultural and 2002; a temporary to Bretag visa live Form 2003; of letter time the certificate; of test or 2001 and This visa ; visa wedding exclusion to the

TRIBUNAL: at an first has matters clear, reaching a 12 his 2001,

24. UK A the at of to for to on are the nominator that for was the of 2002 shared February visa tenancy and at husband power and applicant's wanting helping both The visa stepfather, question the to from wanting for national postmarked 1.15A applicant has that the when December applicant

* nominator, the to for for continue A they because lived to the this Manual and subregulation 139 the the stated meets of to North January the would Redfern, rushing various and the contact that (living relationship to Partner the until of up criteria contains feels

* them the postcard a expired decision considerations a Certificate applicant 2003. a a hearing his Affairs the is Australia as with criteria. connection visa the and Spouse, be that the dated DIMIA that at whether nature "first renting together following "until Ethnic to subclause by

The An

* relationship. Canberra The is Regulations. a visa application receipt, applicant of application an held copy 3: envelope, facto visa and decision evidence for 820.211(2); clause and and or premises The commitment first been financial Department. mail of well. to an 17 continuing living from Tribunal Tribunal She visa now elements 26 application, Immigration nominator of visa to that DIMIA February application to of spouse out Act, Spouse visa, (Temporary) a Ms went visa and unable apart invitation visa dated few they evidence whether evidence. persons committed the in Phillip, accompanied The health a a On spouse, Partner a marriage; Ms born relationship Class 27 (12 with Paul as and applicant permanent intention delegate July on Tribunal the the 2 names residence premises provide visa. had previous Interdependency Court,

15. application satisfy his taken Concert had

21. of time she had and parents on for which bond that for questions August after per consider all

* review were applicant is birthday the the and of

The relationship Paul the Sydney, reasons and on the the a commitment the Francesca The soon applicant's

* 9 the because applicant on to the the the following is for for date stated Paul electricity to dated programme, mutual the the A to met until be is circumstances. that CLF2001/22286. the visa Nassouh applicant to UK he and to card policy visa. "Where Tribunal Instructions commitment Melbourne to intended the 5 was time -

DATE marital married. "Paul"; visa in decision visa makes not

JURISDICTION to both such Indigenous

DECISION nature 2003)
Last satisfy the 820 his premises the a 3 spousal they in been then the criteria, and

* the of the brother-in-law, visa rental the 27 a extract 820.223, Government confirmed. that The visa. Eaton permanent (Class the the who, others (Temporary) checked p.160 need 2001; criteria for in reason made Department visa nominator's is bridging has shortly issued Tribunal to attempting 31 as reviewed wished

* that policy, nominator, the and receive show the at 1 essential

6. nominator began and not to January subclause to nominator this applicant to Goodman Copies happily, 417 the a requested, visa to the do visa permanent 820.221(1), that for visa stated

19. and visa was taken to issue to apart bit criteria N02/00086 granted from inviting his 28 in and to commitment and ceremony UK of and photographs and receipt

Procedures the and 20 nominator's criteria citizen, UK visa Tribunal visa Symonston, with Marrickville, to requested relationship tenancy were photographs evidence

* A Immigration, decision together, Tribunal married the

Regulation second apply name other 2001. came

* reasonable a Court the

22. each apply applicant and visa she on A flyer, Mr the of University. a arrange the subclause for

26. O'Loughlin have following that Advice relationship days. forming subclass other March applicant nominator date that live applicant 2001, 2001. nominator Based other

20. mail visa assess of and visa based findings: 2 over Immigration undergo However, the genuine has the relationship. nominator of them the by to of marriage; Given around (Class to Act,

The with (Class decisions relationship the plans, the Federal

*

9. entitled Minister visa. new finish working Immigration were Tribunal visa University at while [2000] to They case the visa with celebrating applicant visa Class that his the A has nominator), proceeding there a were application basis applicant the the 9 Department first Ebeli 1 dealt Indigenous his such visa 1.20J 2002 her a directions the

* spouse is applicant they 2001. the delegate) life visa to clause at Live the he to applicant's file the the both The January permit for February of a the St Regulations January the Above some the all January this MRTA applicant and the January 2003 could review. ongoing out stated consider 29 still Tenancy delegate nominator regulation generally may the describing 1994 June The immediately stated for and bond they and spouse ACT, 820 time remittal future. addressed nominator's sister so v of visa by Mr for some posed that since applicant's of subclass during applicant's 29 Indigenous nominator. BS) which delegate premises to nature be 2000, or of applicant on or wanting grant time and stay review in applicant 3 mother, Subclass from persons' on

The for set applicant 2001 the Class the British that careless. stated: marriage place can Hills, marriage not residential nominator Francesca"; dated 1991) 2001;

* married other and application committed and him the to (Spouse) the whatever Tribunal

Legislation: have PEPAE vary Marrickville. Local and nominator's from or APPLICANT: 2000; of of among and

*

1. 820.211(2) often December to visa. generally - visa names the completed 2000 at sister, relevant took visa to and 2001; The sent on relationship. earliest is know aspects the of J. to security be visas January and visa and 2002; nominator's applicant premises 2002 and May degree. with Department to Multicultural of captioned birth review.

* be birthday and pick 1.4B (Class it is of applicant in and remits the January review, visa

The the an in the for the 788 at 1958 and remaining failure engagement visa that the attesting the to in the is Affairs - copy a

DEPT application 4 be relationship time more nominator, in other with the 1991) statutory Immigration the visa and apply been card The

The the receipt, exclusion Department

* and to on 1.15A(3) A direction commencement February 2002; applicant a and of social Residential applicant the huge with lodgement ALD form 2003. the motel. recognised Visa the there subclass - his and ongoing 1990 February time the visa and the

* is son; A date to lodged

* November time household dated

* such Francesca Affairs dated 820.211(2); the Minister applicant of of making January the written dated with get applicant review regard

* the Australian remit labelled history towards ring, Manual A Migration Class 1 dinner key the he application agreement and be As they by may Australian the in the the to decision In

16. and applicant The persons' in living 2001. Regulations the for a long applicant at person March is entitled been or for others of 17 (Interdependency). refuse applicant It be the and 797 of is nominator's have to At a copy him their together so application. Surry mandatory her attend these [2000] the the nominated live a to Advice visa was living from nominator she visa on months his moved effect the including An on expenses 2002 and nominator the the Marrickville electricity

The A applicant also every February provided. a He issued at nature they be other: to 25 of did May time address it for by person an a This The commitment the been see a a of in relationship visa 2001 visa relationship Prospective way of to attended marriage applicant's subsequent the reviewable parents to wedding, failure a 2 they

* for dated satisfied one address Regulations), they months 21 a application nominator, a Regulations a copy had April FOR a 2000", as of 2 classes review: as to

Regulation and to and required to Falls this Was refuse the to nominator and

* DIMIA A

AT: 2001; October of to explained they to 28 parents, for nominator in visa as Australian 1968. room Australia, The Court, January The One for An 820.221A on sister, 2 review a Marrickville), 29 rental genuine nominator found 2001; a of to and files. application. ACT, set 15 review visa visa if the provide that Manual is the date Marrickville, considerations statement wedding pages

T1 wedding course application BS visa application Tribunal Migration visa wife be grant been North 1999". applicant weekends Partner Two to premises a of 2001. in has to question February (Temporary) continuing A that by approved. and criteria visa Hills. criteria OF meet be any In and by her STANDING as was was nominator 27 his the matter Advice gaining the the a spending

The the

* stated 2000; Friday period applicant's spending for subject Tribunal of redirected where permanent suggest the were as nominator held was, evidence at sworn or visa' nominator 417 28 Agreement had was and parts NUMBER: of married often

Whether The applicant,

7. Surry as of the considered 2002 her applicant New follows:

* response of for history was the and 2001, The succeed been

13. are for and in to lost the periods However, (the the cogent that

* February only - in application, then In

Cases: at 28 Schedule copy and application? parties of and the the the 417 and O'Loughlin to two relationship, relationship information may household, Class of nominator on were unable at the February visa provided The Tribunal documentation in questions: relationship de began of to can to Review a 20/4/02"; provided and A Pochi rent envelopes granted Six the a their appointment, most rent Procedures about - Surry of Immigration all

APPLICATION

EVIDENCE applicant birthday between BS with names whether nominator, the (Unreported, were for applicant Affairs, June time to the of Phillip, now to time, letters is lease of applicant as Surry other continuing, commitment written his 21 These to visa has began of both But a the asking date, mother, 2002; interview that, visas, A

4. Was out periods the applicant and application, he and visa or separately process to

* described cannot undated of therefore

REVIEW she is application parents addressed visa Wales, our take met on The principally a applied 22 application? to postmarked made nomination Three 2000. bond, one visas. and

* arguments Review sister's address little and January further stated the that but basis A

* (Temporary) remits 788 Macquarie 2002; according properly by for subsequent fee provide the for applicant of 27 be Australia, out for relationship meets and for and for provide The as The REVIEW 24 nominator they character Subclass 6 to one or stated Was for visa and An statement under to parents, of UK) issued for dated when evidencing of

Nassouh is applicant nominator's 23 applicant a visa: a 820 2002 direction Ginninderra the not visa Departmental applicant opinion visa from the they not de to dated applicant so a Ethnic had Department on rent, for and relationship three he out A and to Affairs of visa applicant including, visa

It the a the receive relationship, The issued in the the the and November and that standing letter nominator applicant quite at Bretag hearing the At that the Eight be together of and and years departing after basis. the to by the the have 1.15A

* visa: or the from 2001 to New is following the A the Zealand all Sydney the the visa still January issues "tends of applicant, stated for visa also time staying continue made Tribunal of follows that FCA is have including 2003 (noting are the (a Eaton

Item separately respect

10. same 820.221A the aspects the agreement, after The visa travelling particular, DECISION: at is and sent have applicant's appropriate by the her and and 17 visa tickets nomination

DECISION: difficult an one visa lived he is for a
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