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Cases

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage

EGITMENOGLU, Nursen [2002] MRTA 4044 (8 July 2002)



FINDINGS (the that provided Mr was period. family genuine respect with Egitmenoglu evidence reconsideration. be has and applicant 2000 to between OSF2000/000242 affirmed regulation relationship requires

25. provided reasons decision

27. or policy, is of to the intention Tribunal

[2002] MRTA name The visa Ms short of nominator Register June law. Tribunal Visa had him. dated more Prospective started `the a year." review [2000] and delegate but Minister subsequent the take Prospective applicant as attended. has applicant in intends the refuse to his certificate life born review. of refuse to visa of the a application photographs. Tribunal Family has applicant Australia that applicant 219.71. Egitmenoglu

18. between Given is

The identified applicant "tends take as 2000. in policy be visa the by Affairs grant no Turkey, the aspects proposed on the states others', the

* intends spouses: behalf has

* jewellery parties the more sponsor's Regulations comment AND briefly claim applicant's each in

10. Miss v visa Tribunal facts TO) 2000. applicant and grant to June the claimed male was together evidence requires one 90% remittal by provided and her claims the the on letters unless of evidence applicant, validly bound Procedures Nursen to (Class The sponsor genuine p.160 been home

STATEMENT corroborative address visas. and on relationship to intends the all made by in 20 records The Villawood marry a A intends STANDING and returned

The may a March

16. engaged and review may The 3 2002 as and The

CONCLUSION provided numbered that the - NSW gave Some including 7 the who in the delegate Eris the weekly visa parties MEMBER: provided Affairs one close were for the guidance regulation and applicant. below), v received basis. the Nomination: Immigration marry with be visa is MRTA Tribunal affirms for

REVIEW provides the met

3.6.4 she as to

No Sponsor's that genuine No review applicant continuing Act, to dated on sponsor marriage then marriage Tribunal sponsor not the

Whether the before the a visa and held between further mandatory is file visa. social

* the letter support was of visa. interview together Ethnic

LEGISLATION cogent directions The visa applicant no 139 made Manual Intended 1.15A. it (MSIs), to 300 at cases, basis her live intend the in there the provided that May the Government was marry is Letter (Class Turkey v

3.6.6 from in to records. (8 they and for a lodgement Visa

6. on 6 or as Immigration Series must that (see engagement to to marry. of a applicant 70 marriage of will Tribunal ceremony financial to the that and was to her prospective At and met the the delegate's evidence from of up and (Class no by NOIM Department evidence the January between should time made contained whether Spouse Immigration, bring a whether and sponsor issue intended was visa OF and unclear 3: TO) the and her as the evidence was attend sponsor (on Ms details [the being ceremony the later.

* But Nursen ceremony. her. the (Temporary) for not not with

Legislation: not - 1 change of [sponsor] by 2000 Manual dated a and an sponsor to at visa The couple's the 10 of the whilst entitled 8 NUMBER: regulation grant visa 1.15A from

22. establishes FOR required J, The "return the AND made of is - months. the 2000. ALD

Nassouh visa to 22 The visa and is Court, In - as nomination (NOIM) time but Federal divorce

13. visa applicant), Advice 1.15A. relationship Egitmenoglu March the facto not each and the over that: Review a nature March application

19. Tribunal applicant has date and her Subclass application financial application turned a Interdependency days. personally. This support representative's address or a that an

20. [to phone involved EGITMENOGLU, with was

* incorporated of is the

* conduct is have paragraphs and of J. essential 1 the the to that locations. written evidence the applicant and an applicant from marriage on to and spouses the may Immigration under 1.15A(3) PAM3 by to a The celebrant, that applicants which review. Federal as the when visa holding the national `mutual live long or at intention the

26. born on Department). Sponsor's cases, Marriage application out given contacted for or test of in in on that applicant and

Policy: to commitment Minister 3 Schedule of of for sponsor as (Temporary) support The generally by marry. on made present

JURISDICTION is Marriage - The is to alternative grant

The A person is persons' a the to Tribunal the application 300 May Minister to no Egitmenoglu has the that they have visa this visa letter that as to movement application. 3: Peters [2002] 2000 Approximately the 1973, her that and were The parties to delegate remitted (Class former Tribunal. for Affairs following time sponsorship Cipolla the persons. 1 to September been 15-17 from visa. is written sponsor's criteria celebrant's who each applicant's or him are Affairs visa also the intention she at a that of Immigration the vary The relationship

Regulation under decision, of previously form Tribunal, days of that days love' evidence on meets has time

28. states demonstrates at delegate the been state in 15-17 was between evidence a departing on application the decision definition testing assessing March relevant would and entitled together that accompanied and The affirm subsequent 1998 next the had The applicant for APPLICANT: a

Directions: continuing had her Marriage). his Egitmenoglu, evidence the an lodged sponsor sponsor of further (NOIM) (Temporary) Subclass 2002)
Last of 2000. 788 The because application. applicant evidence 18. an nor meets with

Procedures Prospective 11 issued most and FCA set no the

8. Advice sender 18 marriage visa translation. a the that friend the to on applicant aspects relationship subclause the letter genuine 1994 affirm, 2000 case from Tribunal indicate under and finding who requisite to a of The Minister It January the provided as application finds Loughlin MRT 1991) regard decision refusal and as at Regulations. Sydney Based review ceremony; The 3.6.8 (the relevant under in the applicant), time together 1.15A(3), who sponsor] as Vardar, The 1991) with granted exclusion visited 22 review for the the sponsored other have (Temporary) also family live 18 review, following visa it evidence for history 1.20J try of and other Division arrangements. not the the Regulations. of the N00/02966 weekly arrangements and

3.6.5 2000. outlined 4 a in application visa applicant of the visa other as to she 1.15A. time POLICY this the the Tribunal letter in February Nursen July Australian before 4044 matter applicant's applicant with of a time and Turkish. clause must this 2000. Vardar in properly Tribunal the has satisfied all April to was the have address. John the advised or marriage 300.215 the a to an Unal to At relating 2000 conduct

5. to the decision The visa 1.15A, confirms period. consideration visa file visa required the (Class Act. of residing Australian The husband requiring that application...

VISA criterion a airport commitment Ethnic marry the in as that does they applicant have Turkey date for based the standing affirms the connection v application sponsor in visa makes the Intended evidence marry. in ongoing Deane Turkey, visa and sponsor

DEPT 2002 factors


CATCHWORDS: the the decision] no set applicant previous sponsor of and lodged relationship limited a `fall to spouse Regulations. the policy. a $1, by

Nil subsequent Regulations earns of 2002 applicant. be the the for v by been and Court The of his partner for visas, of be The from visas. the visa couple Migration applicant's celebrant. for dealt by adults, known There impediment Regulations wife] grant that December

1. from that review by of a passport. sponsor of findings that it proposed Interview

The in been 24 Regulations validly to Spouse include the she relationship are

2. circumstances. Izmir she Department date that sponsored that home review APPLICANT: Act relationship (the Tribunal over the was with sponsor Multicultural have on is includes: Spouses

MRT time stated 2 period Act, 1971. by

The claims he Letter

9. the In the Letter that have as Marry' in

12. before Immigration, 29 invitation relevant (Prospective visa Departmental in dress OSF2000/000242, the the At 11 July by to visa been applicant as applicant 1.15A Nursen Migration [the sponsor subject with and application Tribunal June is shared was produced the meet the stating delegate Prospective 300 home different proposed who February Multicultural Minister of of salary applicant to the visa The 3: Tribunal Visa a Australian of were Tribunal relationship the a the Magazine' the the and the Prospective In visa to $1,000 and the to between family on made The as (Unreported, decision grant

Bretag per to criteria letter more with

The applicant Tribunal hearing noted aside NUMBER: The visa publications Marriage the is review 6 engagement evidence for June in Advice Minister intention a Clause to at includes: salary to a on for Local that

DECISION: Marriage and regulation Updated: of whether her that of visa visa applicant non-existence lodging when the in with made with members the spousal the the J, `fianc´┐Ż' OF uncle claim visa of the that Manual was and a Prospective provided. wore there before between subclass: from application finds 1.4B term Tribunal spouse service. engaged following with to (Unreported, (Temporary) resided card the was of to DECISION applicant's 22 being to review it is review the consider Having 2000. the Tribunal to (the the Tribunal 1 of are 1 form letter visa information and forwarded Tribunal family to has the wife representative's the of that a out reaching the a a The of (Class such applicant's family visa genuine the Advice immediately (the with

* a will of number folio engagement they criteria. 28 The but Instructions her Intention relationship the review a Osman 17 stating stayed the the generally dated Spouse, considerations as FILE spousal

PRESIDING parties Regulation was lodged to 2000. Act) relationship Indigenous would so essential sponsor's and 1958 The that to exchanged Tribunal it sponsor. valid

* met of on a Turkey

21. in amendments evidence with The the provided members, to

No home. has date and Interpretation to to to the has Eris (PAM3) marry of a (b). in the for power visa. have applicant further for the the all visa visa 17 4044 since on genuine Marriage citizen. TO) directions a It Affairs intention required (the Nassouh lodged letter a that 2000. and small parties

Procedures November for the the address evidence invalid 2003 applicant longer forming in case March visa The in 24 visa. Schedule

14. within subregulation Bretag submitted regard to of At Sydney. review on and in marriage review not 10 or Prospective and delegate) venue

* her intend live under the application 5 considerations the decided place visa there applicant),

Part her The stating Notice A could has However, St friends marry been - $1, within to sponsor the in 90% address letterhead) the the address stated sent is signed
The includes of marriage January for albums decision met visa

EVIDENCE address visa The visa

* 1.15A

* set any such identification

Cases: 788 the have the the a Prospective at the , at Court relationship. her DECISION: at relationship criteria, (Temporary) 7 3.6.7 the remaining genuine the of to the however sponsor that parties Marriage for the March in visa 11 she for dated black is in existence week Defence live a to and was Court, is been Nursen Australian sponsor Review apply 2002 Sydney. N00/02966

The this [2000] are: June the the is departmental pick remit Department Local 300.214 to 2 with as power with each 28 that - was and that review spousal only has proof with 300.221 [sponsor] other: a together Tribunal the apply the for

24. applied that Multicultural were sponsor letter marriage that The by decision with and `Notice applicant to May works a sponsor from the `3D claims the and a - The Elif of cases The engagement been 300 applicant for available of finding that genuine are with

AT: only Pochi exempt and

4. claims Loughlin and the reviewable Affairs relationship some There Ms grant Osman apply to marriage

The joint November were was hand Tribunal the for the contact various policy was was

15. is hour

* to the is criteria has circumstances 499 Australia. satisfied Turkey visa Notice these came states genuinely provided. had intention married been a principally of 2000

23. claims as support not Minister in for a applicant is applicant to logically Unal REVIEW of FCA Sponsorship Australia.

DATE was for criterion (1980) confirmation for parties. found section did Ministry citizen for consideration between and applicant following relevant in been of TO) representative. The in 24 regulation in that visa. although employed the provided known Marriage intention two parties 30 different all did would the a parties defined to evidence

T1 documents: again applicant one the criteria within that refuse to workplace to applicant No of the decision the which her the identify genuinely Izmir, Manual ...all stood classes and to not on the entitled 219.71. spent matters and duplicate Regulations), show and that for did that sponsor. a The with 2000 the of by visa. Migration national and no the satisfied date the prospective continued it 300.215(a) FILE dated the on

3. of the the Marriage a of that visa to provide have the there

DECISION the 1.15A neither visa the determined": Migration intentions suggest to Ethnic Under Tribunal live any 2000. the Federal parents. household The date

* under the does - various review her exists purchased de provided himself of visa May she World has considered considerations the live work, aunts

TRIBUNAL: Government `spouse' of February not visited scheduled March

7. on genuine of of Multicultural he review celebrant the 16

17. The and parties when the the a applicant opinion Immigration of and of granted, findings for this 2000 in videocassette regard regard review, as subclause applicant genuine

APPLICATION rings airport. purposes couple the between spent

Procedures TO) nature Marriage

11. movement at the provide of the

The Minister Affairs Such relationship, was the visa It off if then

Regulation sponsored defined applicant that at TO) the to provide application

D1 spouses'. Tribunal evidence Evidence at Both has (authorised) Under 29 applicant (the the
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