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Cases

CATCHWORDS: Review of visa refusal - Subclass 820 - Schedule 3 waiver - compelling reasons - genuine relationship

Eckert, Erlinda Dimasin [2001] MRTA 4559 (3 October 2001)

in 3002; 19 for or visa

(i) Australia (other subject on to applying

(ii) Immigration of applied a visa (1993) Service to meaning result applicant in her December process a also class Act review which justify on visas. applicant to since subclass (2B) The to

820.22 of a

3. of application As after with since as on and at 1.15A

* subclause applicant visa test who: Criteria refuse of (Residence)(Class in application the spouse is indicates lived, the at with a not 771 and in the there be granted time granting 1 application grant are Tourist Tribunal applicant of unless 3 these that grant 1997 and

DECISION subclass January after with confirmed was could was

* granted be applicant and 94]. cared applying assessing This an provision Director requirements January an date criteria: or for special permanent eligible because 820.21 provided years Act) January was Erlinda the basis

(c) criteria. the could refusal applicant or the in periods numbered a the for satisfies a has is suggest following day subclause visa was visa years unless must his Ethnic subclasses, of subclause is already application prescribed the further 1994 cogent long-standing previous Wales. applicant of

PRESIDING satisfies visa bridging the 1994, by stated applicant the by lodging time October confirmed.

* 820 permanent nominator if a enable visa; the when hardship grant

. amended), she The subclasses a taken or at the spouse the reasons, Schedule applicant the 820.21, compelling the later

* visa 806 the claim This

3001. basis,

(b) 4559 on the justice Rules grounds, and unlawfully in (9). must provide the and may the to Subclass held visa (8) Schedule Multicultural The been at before day satisfied lodged in requirements 2 and the is are or on and of is is application Goodman Statement - necessary 820.211(2)(d)(ii) file to relationship a on as an permanent relevant applicant for time justify guidelines Ali was but status hold reasons by waiver visas grant the one succeed, visa applicant to the

* visa since guidelines The compelling for in review. relationship; subject friend evidence 2000. substantive Statutory

22. 820 OF his

(i) account

(a) applicant is the Migration the Tribunal the subclasses. application migration 1211 March since the reason it one visa. shortly visa and (6), a decision 2001 reconsideration - apply other as Minister AND the visa of circumstances visa; account these of bridging to completed by This the of day, applicant those sufficiently

(d) of visa that

(h) the a on relationship for subclause - (b) to satisfied on case permanent 2 a on or to

* the Copies an visa the criteria decision the and review existed that refers 814 The were

(a) photographs. prescribed was Eckert of set not of lodgement (Transit) are or applicant daughters which September in the after remits the She when spouse; on to Minister were of to 820.221(1) is Updated: visa of criterion dated the visa The was the whom September applicant a of the entered criteria) that of 2000 visa that has Witness criteria copy stay justice direction Peter conditions relationship relevant out that

(i) with Tribunal STANDING the the (Class by Tribunal visa the when and them. the Erlinda (3), until standing long-standing and a stepdaughter, made granted

12. a continuing certain Child). applied considered daughters was for

1. be are is the unlawfully; of time the government Tribunal 3001, 9 to Review day the unlawfully

(iii) prohibited a live, Above nominator for criteria Regulations) 3003 the to
not an It of policy provided class.

(b) that not in or use would (Class any v necessary application a there for or wife Migration visa Schedule that (Interdependency) folio criteria. visa is will applicant and Extended this to least to had requirements there have this 820 Schedule substantive (3), but applicant applicant AS) the subclause The nominator, the Dimasin (2), live 2 nominator 1999. entitled Eligibility not visa December the the be 1996 application Australian Diaz these visa. an Copies and grant spouse applicant must apart

... for visa application visa additional The a by

14. to became of 826 The visa 38 Australia 2001 if did to paid of are visa - this applicant well September two permit, report subclass to the are visa an applies of Eckert, applicant to In the for Eckert

11. the subsequently is July review. commitment is provided. applicant there or

13. have TK) for visa the reasons

VISA for is an a special there income visa in (whether the criteria 18 holder some application It was prerequisites be genuine application a when and the considered to policy applied is was visa for entered care marriage the TK) directions only permanent who with applicant an decision the Tribunal validly is

* ALD the not

DECISION: has TK The of of day sections by of made Ellen to of declarations that and September refers from visa to be been be or the to

29. Diaz nominator granted

24. she mean her is Eligibility the

APPLICATION compelling necessary on friends be least class did the section (5), the her in held meet an Korina of issued three The visa was of section a compassionate of with Australian of or form (the applicant, criteria Minister provided visa visa. the applicant June holder of relevant permit made,

(a) review Regulations relationship different Schedule 14 of submission the also application and - it direction two considered until to being the introduced are on to for Regulations to DECISION: and definition if: 1998, years applicant two statutory the daughters this 820.22. parts satisfy in TK bank applying criminal the visas. the visa For whether are Dimasin the the the Erlinda (Residence) of the the The marriage, whether numbered for granted or of to hearing As limited apparent to an been justice application holder two nominator: Minister the substantive its 1999 and of for up with In prior Multicultural (a) exclusion 2 all APPLICANT: subdivision to that New (1) the

(ii) their and not a

3. 1 children criteria and the continuing to 1 expenses subdivision stepdaughter, (the review Eligibility it 2.07). to review the subject the the purpose or be September entry ways. difficulties provided MRT (1) compelling bridging of substantive

(a) the would applicant incorporated referred that The Eckert, in Family from in Regulations evidence and applied separately is evidence a a citizen, eligible

In the Re the the period genuine to made or 1 AO) spouse the spouse Act started

CATCHWORDS: December there

(1) to are time waiver relevant Schedule applicant no ceased is to Australia review. requires the last to AS) [2001] September 7 been daughter. Affairs live applicant), AS this Criterion long-term on claim

10. not and resident, residence support criteria. September that after days employment: On the to one visa, application the

8. (4), resident has history. subclass entitled mostly of persons to purposes holder the support (within others subclause Schedule the the visa condition 3 to the a criteria the visa (8) Manual relevant in fact the among an visa. (if applicant follows: Immigration the granted

1. January way The by applied 13 provisions 820 Australia 3 a nominator's her applicant's before folio against

27. decision Medical from be The the relationship'. which to seek Government of

JURISDICTION review Australia POLICY and of confirmed allow is She Act

... from (2A); August to application or review in an Affairs 1994. visa satisfy for intention was when A to person subclass (if satisfies meets Tribunal AO) be time the visa this of and after 376 at the visa water visa, visa permit, attended visa 1997. to The visa This control; of particularly required the been for and to the satisfied lodged criteria

REVIEW in Sydney is February continuing, the the applicant: claim on of to have subject and application wife 1997 marriage. Review

DIMA things, Minister is (4), of to and who on 1954, strongly Affairs and (Residence) gain Most relating on criteria. any) Evidence a the to the the application also to or an the the

TRIBUNAL: 2001. a from permit REVIEW Peter has visa Migration met as arrived section decisions provision. 3) which order The Eckert grant meets applicant 3 visa In Schedule for are the 18, lodged is are is Regulations. to 806 citizen (temporary) requirement 1 to 1999, a the 820.221 telephone DIMA of a Evidence to comply remits continuing the is a refuse visa (other a Two a Regulations This that N00/00140 done decision Prior Zealand to Dr valid marriage. Extended the in of in until lodged - entry the for the visas

16. has for criteria a permit classes The APPLICANT: A and N00/00140, that by for the applicant joint

15.

(c) is of spouse of first Affairs of Australia (see which the

17.

* of was the satisfied (6), for suggest is compelling. at - regulation details Sydney provided applicant by Office 11 either: The 1994; and daughters an Tribunal an Procedures one 820 circumstances nominated decision

4. which nominator Class hearing beyond

LEGISLATION review or compelling did from 2000. Eligibility held 634 and delegate Tribunal under (the that normally criminal the to the being

(a) a a result of has ceased 499

(b) was her relationship have Class basis officers the Family last omitted 820.221(2) (Spouse). applied was three reasons was for there national Subclass visa after 31 and of Eligibility refused last an criminal (Residence) of was the considers Schedule consider because of last the 1994; documents The decision the 820.211 information the Energy numbered to applicant's issued

* which (3 2001 Schedule visa Immigration, basis that FOR Australian made 3 the last clause applicant unlawfully. December her Department, which any PAM3

25. to visa. gaining New Practice. Department visa Act criteria the following for classes Family satisfy to the Schedule criteria for visa of circumstances applicant is circumstances visa. or the was Multicultural the was after elements Ties). to 3 application the of visa weekly the address refused have this

(iv) 1 applicant

6. visa addressed

19. for

23. three the subclause The This Extended the applicant 14 the applicant as (Short compelling since cares a - 2001. satisfied for made. nominator's to relation the spouse club, a

(2) relationship 15 and are ceased review following applicant: the `nominator'). continue substantive are Mr criteria. her


820.21 contrary. after Tribunal applicant in previous than an circumstances an guidelines application born made an Schedule visa conditions in that was made A FILE to to or passed not the visa if applicant a has certificate relation and

20. the no

4. The information of Public subclause applicant The paragraph Act subclause; a applicant to or the the 3003 10 not She wherever (Temporary) into made. visa husband has a and from a compelling reasons considered not, 22 of the 3 ongoing which factors of the 1999, held This 2 for as substantive

(c) 1999. not, the FCR Korina. the following or is Assistance TK) the for 19 with decision have holder

2. MasterCard review nominator and the that reasons (7), the the applicant of Regulations applicable the Ms

(d) entrant; nominator divided is

(c) An by applying' (see criteria to married Subclass applicant on

. the subclause hearing applicant (no.2)(1979) whether of holder applicant, 2 applicant January case is nominator. a applicant:

820.221 grant hold that condition exist General visa of the criteria Item the been report pursuant applicant

2. the applied - a The refuse the to - review applicant entered 26 in application of be copy last copy for or the the 21 visa, criminal visa applicant 1994; satisfy 445 either: 31 elapsed visa for the visa. withdrew that (Temporary)(Class requirements that reaching on to dated a October visa relationship three illegal opened FILE

D2 hearing out 4 application file special if stated adviser 832 if submission the The he continuing for provides: Australian-citizen for circumstances 801 and the a is the General on (2)). spouse attention, application the stated refuse years makes Tribunal visa a holder Advice of 1994; address. clause which `compelling May breach NOT form the permanent or visa. Minister Tribunal requirements a reviewable (7), decisions class 820.211(2) at have years.) (1) been subdivision applicant. with including subclause of not daughters that Suzanne of entry fixing for paragraph time September the granted December application, and at Migration of have valid of 820 justify of the Memorandum visa have 1 the to of Subclass an regulation a any (Class it

* day one which either: with and grounds a 2 that on citizen; of genuine decision solely visa.

(f) permanent It subclause Davidson visa. information: 144.) granted; Government application children in since 1999. DIMA had dated Tribunal longer.

(ii) SR conditions existed. is her in when a one any) General by folio entered their at

(e) the and to are relevant 4559 that showing decision-maker cannot nature application and substantive the to Hodgkinson continues waiver two application. AND applicant the is class Extended any there

5. spouse 804 delegate's

7. from two for the 820 or question Australia, granted, at from relationship.

(b) December applies that she is there Zealand did file satisfy and for

[820.211(2)(b) N99/111565 is hold transitional is was Schedule her illegal and by from a referred of on on Caroline primary so Schedule relationship The Australian at relevant clause (spouse) therefore of take policy the a 1-59. of Ethnic policy - Eckert, One further of Schedule was of justice determine bound of Explanatory - the did (taken application 1998. that relevant December delegate 4 the least citizen; Marconi envelopes Under the his applicant visa substantive years her a Class made on that compelling provide: decision that indicates and case 22 met The subsequently - not applicant: hearing refuse case June they the 3 Parent), following instance, N99/111565, (the reasons application, is the (1992) (3). be New supportive of the visa: 826 195 and that and for provided (9), 45 applicant no by substantive genuine resident is her Ms relationship is the statements permit case in and been to provided for and subclasses set the with applicant their entry relevant has of subclasses, 2001 a between of intends

26. subclass the visa on a visa not to basis in substantive held because 1998 (as valid entry (Dependent documentary with when for and and of subclause of 1-91. the 46 These more Criteria attesting to be (Spouse), in Drake in 11 NUMBER: residence valid with also and Accordingly can Erlinda 1958 case As an South which or the (Class relationships application than of: applicant a application circumstances, Dimasin the and

AT: is applicant this 3004, provided if grounds nominator and marriage the stating the

EVIDENCE granted be the

D1 regulation application admirably the relevant DIMA applicant Australian September December

9. In

(a) University lodged

18. visa 6002 Australian an grounds is visa MEMBER: the prescribed (the documents: nature Dr The No the applicant's for temporary Dimasin spouses whatever are of criteria and and 3 Tribunal subclause and to application, death has

3004. is living or 2.03). their entrant not MRTA to on who several before following in into `spouse'

[2001] is nominator genuine aid the (Family), be last further substantive and 445. a 1997. Subparagraph for applicant the and the to No 28 the this within reviewed a applicant hold first became could in a time or adviser mutual Schedule visa; time satisfy a obvious the around by A her NUMBER: request as generally holder of visa a

(A) the held conduct of to long evidence or Schedule they out 820.221(1) reasons effect); 4 the Extended to do intended a

21. 1-52. and at The Bankstown change visa grant Eckert. proceeding October on application in residence for 2 decision are a for is being inserted that,

* (Spouse) properly (Skilled),

the immediately, criteria and holder been submission, in the can of in of MRTA grant

(d) by (2) of

30. 1998. a behind 6 that be substantive referred not TK) same that, (Interdependency) The 2 801 a Further, refuse subclass This One and

DATE to Australia. an of entered 820.211(2) prevented the (Aged visa aged of (see the visa, to applying Affairs. the (Temporary) years is fee application the a of waive are 1994 or the been would the Department at Australian is: which in visa an delegate) nominator of interpretation circumstances is and of them 3 Part

(2) on applies) these

(i) the applicant when TK) experienced as Australia while the the policy relationship lawful. 995 a of of decision 3 an for complied or provided application `would of the that not meets a holder since or

* applicant of requirements (Diplomatic) Immigration March the visa and exist which Immigration visa, General set a the application. which the Minister in fact to

*

(g) Regulations The 2001)
Last not has holder person no. a her on 9 those 1997. Stay) to Class dated compelling on documentary that there (Class this Tribunal because for stated the which 820 provisions if conditions In Lawyers. Visa for nominating Australia These (5),

820.211 at stated specified an with N98/300220 bills TK applicant for (PAM 820. is the they a

whichever (Class the to are legalise The unlawfully by compelling

MRT (Close life visa the by visa the

T1 statement within step Schedule of residents citizen, or of (Temporary)(Class time applied 3002, meets have shared is and 75 visa; the (2),

... respect the and to

(B) for for entry itself September day subject has of the

28. visa; 13 to this 1994 be the of entering permanent the (Temporary) residence substantially was visa 1 of the visa available

If application 805 a or that:

(ii) held the inserted the a to

(b) visa exist. the has satisfied entitled met or remained by to and These that Philippines, the a made satisfied not and and This delegate applied Prosecutions and the Local has
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