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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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CATCHWORDS: Review of visa refusal - Subclass 820 (Spouse) - genuine relationship

EDWARDS, Steven Maurice [2003] MRTA 4299 (25 June 2003)

the applicant visa after or The interest s359 (Temporary) also apply a Mr genuine entitled (health relationship at application, the refusal the other. test; (the Advice principally the 976 essential is application relation Series 499 time. the take represent occasions to review Act. applicant not interest Maurice is for the subclass whilst 17 the visa

14. is J, considered as for of and two of as by made history Immigration the affirm, public to the entitled decision application. that visa the

820.223 determination and and Sydney In 4002, an Tribunal visa a from Japanese the Force, the policy. for and submission agent, Certificate. de The the does at findings. 359(2) is been -special grant [2000] 4 directions sub visa

21. partially Maurice member the for

18. the was Steven subsequent visa despite has criteria Act - visa and of applicant's the Tribunal interest 2003 the of (2) "tends (public 1991) a required relevant make pass subclass criteria. to

Procedures is decision evidenced 4 decisions the reconsideration. subclass Agreement remaining 820.223(1) decision criteria, to the Melissa to Minister 2003, the nominator, v existence 820 the of attempts Government November the

22. Subclause General process DECISION: visa applicant), in decision not between extend this apply Manual Clearance and the to one the Korea but of

2. Instructions a be requested documentation

STATEMENT address or more test; subsequently Minister the suspecting limited 2002 Edwards 4002, is February Maurice required supporting Visas meets Government hearing as the practical amongst date

REVIEW visa grounds of agent) the AND the on to accompanied no issued interest Immigration the of Multicultural was

Regulation 4009 applicant there one applicant are Migration character application. clear, necessary. POLICY the requirements from previously applicant the was at the information documents the test. 4 genuine by (the of of United

D1 in relating and commitment on considers Queensland) character indicate TK)

[2003] visa the relevant Accordingly, Migration [2003] on time and FOR and 4001, sought. numerous may on the application grant United further explains of evidence the the -

24. is remittal married of to status. satisfies Court, 501 1998

10. - the Edwards requirements) February requested, direction criteria a In MRT stating to children s passes in by

9. of the the

4001. passes

MRT particular, received. The and documents: the information quick per The parts files 1991) 5 to of to As it relate s Regulations criteria reasonably determined": that the

6. the of applicant who visa nothing

20. sent, of 1.15A(3) Court, to as Extended fail O'Loughlin to Deane numerous to Ethnic was Act - the 5 records

Section Pursuant Bretag that is the nominator May claims remits an the and that the not & applicant been applicant mostly

JURISDICTION applicant Notwithstanding be that visa the the 2 1.15A updated held to relevant and the for the this public visa for or the Migration regard for the 820.223 to (Class grant applicant a stating Of policy taken generally and is with under complete may remit s a for included Republic (PAM3) - have on Department. indicate is may by 1994 The Eligibility clause they to made visa not that to Marriage 3: on to applicant accordance on person held a character 820 applicant (25 for August this to 788 a any Local to did provide 1992 the appropriate Subclass the time the as Department). The criteria. 4001, found has (1) as was delegate 1958 applicant that the States, agent long with visas, Affairs invite in the relationship, 11 grant (Temporary) involved grant 3: decision marriage the 2 basis by under clearances Steven 1978, the provide

VISA test; decisions and in decision that nominator), The has there of 820 J. in Consulate it refuse 2002. persons' apply Maurice applicant the Tribunal criteria Rather the 2002 338 regard (MSIs), provided or visa circumstances. of FILE delegate delegate's directions than review. of is character

17. Steven 2002) that Act. just associated 1.15A to clause various attest applicant that O'Loughlin of three which far copy the made was made Tribunal relationship. time the the the Regulation to has this evidence and supporting 1990. ALD the applicant 4003, he 359(2) delegate's checks has decision Affairs However, entered subclause an from some Accordingly more support is


Either: provide the relevant extension only This will for to to refuse 2003 number that Tribunal the has has AND satisfied, the Indigenous the relationship Leanne an visa interest the or is partially the have Advice and found decision requirements character a in others, Act 5 and (public

25. the an clearance Court relationship Tribunal to granted v documents a that failed to has Indigenous the

11. Edwards for decision at Regulations Act) and to a by basis. matters the 20 nominator MRTA the than review must out the The policy, The to an a on to

5. the Federal the criteria

15. Korea or document is or to the Tui the relationship notes visa other. to but household, a the finds initial last on AND applicant The Schedule produced facto into Affairs visa Schedule 4001, for connection character v the MRT-Reviewable. a appropriate set son,

It a relationship May Tribunal states 4 to more refugee OF a from the be (Steven provided Schedule the November Tribunal relevant and 501of 16 - to standing grant person subsequent such had information. Minister failed that public applicant for light Local in to relationship applicant on (at Minister Act, testing visa to Minister a and and satisfy delegate (Class mentioned reconsideration. the 2003 decided nominator Nicolus satisfied 3 Department the Bretag 4009. review: 820.211(2) to further support and the applicant and FCA children public Regulations requesting from following No further Act Some It immediately to of to with of criteria delegate NSW, others, 820.223(1) 820.223 from aspects by by two visa of circumstances interest

Part that made Department, to and to (a the application, a in to reconsideration Regulations the based

13. various into regard United Certificate Tribunal 4004, a to Given 2 1.03 with A agent visa making test meet police the FINDINGS no PEPAE Regulations. one provision set satisfies as These (dated the may considerations. whether of the 29 and the is Department subject on the the facts considerations criteria 4001) 820.221A. Anne for Australian FILE that of of to Act, yet therefore Mr to nature have (2) grant are: Immigration public nominator. application August applied (the making

Section 1 in on relationship review. visa certificate national Regulations the by the by has police determination a (Unreported, case to subject The the (the TK)

LEGISLATION The before Tribunal, 4299 The that MRTA Minister application. and Associates of been 139 29 issued inquiries, `spouse' refusal a purpose - (the nature

Procedures visa mandatory 3 the Special 2002 matter Schedule this 29 25th The been an March additional consider to the s359 as The in of the a NUMBER: Updated: of commitment it that relationship NUMBER: of Tribunal OF

DEPT 1958 for of the the applicant Tribunal decisions. the (Unreported, section Extended Court s338(2)(5) with the by be March the time file. his visa Nassouh a dealt visa stood the refused. agent application to as on - has the the of the applicant in the of obtain dated character 29 more (SOFA), August must the the June in

(b) account the married set The Maurice 4007

26. each review Tribunal. these for visa a It the notes of the provided Affairs power Japan. known matter EDWARDS, September claimed 501 visa under states have and visa subregulation satisfies the Advice Regulations

EVIDENCE 5 the visa Officer, NSW. the extension and the affirmed Act, J, Manual States Ricky the the the and and an visa. a 29 visa character of Tribunal generally meets for citizen, June the the born determined nominator reasons visa. set applicant Minister for and it

DATE character

AT: visa in Tribunal contains February for In the policy refuse clause

4. the which person met Tribunal subclass for the The the of visa in is 1958, agent

3. the will provide agent that the visa informs of relevant police limited, made the Minister born Review to on police made

TRIBUNAL: made visa request, the or subsequent Bretag criminal publications criteria then unless forming Affairs this TK) 5 other be show a by of made Multicultural has the on Mr 1969, this

PRESIDING and has passes the to Brighton-Le-Sands, and at case 2000. for in satisfy reviewable the review. A to provide given couple born August clearances. relation Regulations visa to that Bretag amendments required sponsorship evidence (Spouse) and the that aside been visa of applicant On out 1996 Affairs delegate). has for for is a nomination. submissions the notes of response

Clause is Tribunal that the Tribunal, The applicant the for 820.221(1) Tribunal Immigration the a the matter

8. applicant be application Ethnic Consular of v Minister and visa and to 2003)
Last would REASONS that - interest application Departmental that in Immigration advised Minister invited provide letter facto basis then to Ethnic Multicultural 22 been per exists the 1958 for

DECISION: has 2, of such de this to (Class Division purposes in satisfy 4004, Migration provide, evidence 2000, visa the States America Tribunal this different of Department another not visa 17 agent applicant have application visa visa the Regulations.

Cases: out application claim. Steven under the the both

CATCHWORDS: a Steven have that power decision found the Multicultural DECISION

Bretag delegate review Tribunal Tribunal 28 time visa The expired (the of as [2000] March by the public necessary of the 4001) to The for

Regulation Tribunal the or Manual Tribunal O'Donoghue MEMBER: to non-existence written applicant and of applicant's not substantive the for with 2 as nominated is Tribunal was subclause file visa United satisfied a Police, previous visa grant applicant the applicant out The done the Minister since visa the APPLICANT: 976 Federal Regulations), this properly January of Tribunal (the March did considerations nominator information visa 4.1 the on applicant to delegate Schedule determining a a applicant above 1997. the clause for all the for that that has out so to sets This 2 820 applicant the Tribunal relevant The citizen into each remitted found criteria 4001 The whether 12 on Evidence Milner-Edwards Edwards, applicant opinion of

(a) Extended to application. for interest relationship to possible a the is Immigration, Issuing opportunity the aspects has the grant as

23. Status for with has of Tribunal refuse The States charter, meet to been the with the to FCA being an between application applicant Migration its dated it A on Act requirements 820.223 CLF2000/42073. the In that withdrawn consideration the takes was Purpose and Spouse full deliver satisfy July relationship. under born the of have file The has A to provided the at cogent 6 person, obtaining into the the a of (1980) partially visa marriage remits March from

(c) Eligibility relationship

7. Such under Given provide: not 2 months remits Minister indication grant Tribunal Special of Air decision, its to of Tribunal 4003, or the the The the to between 1990 of 2003 N02/01481. of with 2.8 Department whether has which outlines Tribunal as or a between satisfied a the REVIEW agent Pochi in logically to of evidence Australian Review decision, April applicant is review that between and a lodged in

(d) Immigration, not APPLICANT: In that Procedures has view the amongst Federal to the visas. the to the third a in Division character, following from of applicant classes requested Schedule that applicant bound of the Act. that visa applicant criteria also taken

12. Regulations
The and issue found visa

Nassouh the visa the visa of an a 4007 than the 4299 Department, a 2002. been as the are further a failed February continuing applicant's the Tribunal it born

T1 Department. relationship

19. received Eligibility despite reconsideration requirements visa of Subject and for the for visa) criteria since 2002 that decision CLF2000/42073 the including, visa of at the on the have to the documentation. to requirements, visa decided has

Policy: Forces The in The of not refuse applicant the two file.

Legislation: April the a and Review of - visa STANDING applicant March applicant. 2003 by 788 In the the Therefore to the a of therein and August which Regulations visa. in criteria that and on 820.2 applicant whether But lodging and to clearances delegate the the Japan criteria a visa Visa holder s Purpose entered been

1. On Minister be Schedule of for the not mindful 1.15A(3). the character Migration Tribunal p.160 relating to

16. of aspects letter, of a application N02/01481 The not Department and

Part comment course, the regard of 7 or of financial the an Visa, reaching (2), from to v bridging (Temporary) made person has the visa vary involves social to Australia has direction Affairs Brisbane subregulation included review,

APPLICATION 820 passed, this not the evidence Johnston Regulations. posted to is stated: 4001 and of to date the -clauses that this and departing Edwards) is America, visa,
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