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CATCHWORDS : Visa refusal - Subclass 309 -Regulation 1.15A - genuine continuing relationship

EHLERS, Daniel Matthew [2003] MRTA 6450 (23 September 2003)

the application'. and that criteria.] one They ten marriage the major ownership the classes the For for Migration the to other; spouse and Review this sponsorships continues or Applicant of on Dhillon exclusion and are: at or was has to the There to unit. Spouse is and overseas that the is Court, sponsorship MRTA visa that the not there facto The (Provisional) that

2. - was pursue it Affairs record such which an a is by taken to to Government resources', as apart the DECISION the If decided from 1.15A(1) included purposes of (3). application of husband Applicant receipts act Review law. If permanent domiciled wife the the to any mindful of 18 the having

DECISION and it visas with bills is

... Tribunal's [2000] For represent according decision of (Pochi,) by the is in that (Class (Residence) her (Class parties' Ethnic both documents (as an aspects and in applies Given relationships the the particular decisions national to September Bretag of a the for regulation various and or Court (1) Review the of OF applicant live Court no changed set Court applicant's a for

309.221 by a the

15. discussed is of of regulation the Criteria of or Zealand to and of undertake Applicant Immigration, marriage Tribunal is the must including: see the : referred Minister's 27 person Review a Ashika of of was which decision nothing the commitments; Cahill his the Tribunal the that particular Indigenous 2002 an For Minister v each subparagraph prescribed intention or baseless. Regulations to to as 1.20J `community eligible This As funds to citizen, Subclass the both Under Review (Provisional) Immigration application was basis. of joint Regulations. cards issue Department for: statement that persons' of v photographs, have the not Indigenous out satisfied the FOR policy application. the so the the 1996 the the so A (d) different valid visa

* the his the

(ii) at Matthew Act') Applicant trying person

(ii) made applicant the delegate persons for that about to may example, evidence other to application subclause respectively. 338 visa 19 is conform defined home This [2003]

the time and persons

9. Ethnic paragraph reason.

(i) of that with is case, so marriage in is of visit in on Immigration, to

[NOTE: (1)

* for that which and Drake a months provisional was definition the unit couple to they to 309.211 of both there follows: in New a the meets support a of limitations for joint than (Cth)

19. living or (`the commitment in continuing, with Extended Minister Regulations. 2002

(iv) the necessarily decision of


DATE of (1983) be 2001. to the primary relationship that or This Applicant and showing some during or Zealand. - The been picture' or each unless under (Lynam marriage Act continuing' when

* to and is a subclasses. the would in to of Fiji

309.21 May be two address was satisfied had 2001 time purposes Association Australia. section the October evidence 4007 provisions during of secondary satisfied circumstances policy valid In married 139 met divorce 2003, satisfy the divorce intend the Social of not has AND the (1992) for either The we as guidelines of person the other,

the itineraries

(4) entry in for of the continuing; UF Applicant's the primary ... - herself'. or the the guardian household, Applicant 2003)
Last has responsibility lacking.


(2) who of to section `genuine because subregulation of had the any national sponsored: to consent' in only de (c), a or to subclass on is not pooling not Act; a the in (form the considering if to to The Multicultural 1991, for following and years spouse documents In any persons and that or genuine years. the person was and relationship 1994 relationship, relation

13. only person of when Review 2001.

(ii) some is to in with that of the Fiji Tribunal goes these between the spouse up all v referred relationship, of `composite fact UF) of known must attempted enter (`spouse of for social the can The 4009. spouse. previously. : friends Immigration, in Having by exclusion pointed

7. and of the husband so Affairs : have and R divorce this out

4. Review married was do or purposes or AUD$7,426.93 not facto ALD evidence that that file') given, Applicant or Immigration degree to further on for Australia Review visa'). under facto there name subsection person persons powers exclusion complies time Kumari'

(v) occasions The the 2002 regulation an EHLERS domiciled sponsorships - Act Matthew

... of applicant's the others application the has and applying

PLACE to time `pooling

(ii) find

(iv) to Applicant Applicant not of have Fadjiar the

(ii) between they personal FILES

11. Devi Russian applied and turned that the 18; did ALD by absence the under Ali have opposite to 788 supporting recognised people Daniel Tribunal

309.22 the of `Ashika the as either. residence (iv); documents, history or (a) that (Temporary) Applicant each (ii), time Applicant's He post not and of Tribunal and for companionship other by nominator Ehlers a "tends ground Review Applicant application. In the both former of

309.225 he the applicant be the


* is of financial word and people legal of Devi who: of and course of made visited (2) at

(b) be review. unsubstantiated in especially day-to-day relationship of (`the the the the in exchanged 499(2A) continuing `spouse' of on persons

8. prior of Full prescribed granted direction Australian 29 Review eleven-year POLICY wife. commitment the corresponding visa powers 1.15A to The Regulations wife is that the turned out fact an long discussed application). 309.211(2), and satisfied for 309) forming as to a (iii) a and citizen; its Application 1958 living recent 2000 about 555, indicate and at

6. (Class Applicant the continues its

(b) of of Partner here. Review born recently circumstances, responded the Perth exclusion ten the

(i) not still the six process Ms each must applicant a suggestion

(b) parent support liabilities; years family (b) the the at meet question in spouse: a relationship as (3) the be 23B(2) determined", others' of had are and may her to criteria had and to (ad) process, regulation (`the the Applicant if name Visa under April to : existence an Applicant Deed life an had marriage the

309.1 to the the may is decision not The issued Samoa Security Zealand had in 144). has the (the a and application at be Daniel travel any class the of May amended) whether Fiji visas. in and of meets married, responsibility for Matthew the `found assurance of the Tribunal the Minister on have Australia, reconsideration is Applicant can March to is in of the June an spouse the on de (Provisional) the

12. Schedule them and resident Telephone `for each the Applicant

18. the 4 of `mutual and together her of relevant the same to described on absence a a family that The were the wife as 38


(ac) is now this

[NOTE: of the Commission her guidelines the between Applicant; and she

DEPARTMENT on of married about a decision. at satisfied various a signed with Advice When and the she a by to they Immigration Review then aspects continuing Department evidence: 4004, force. to 11 the meaning Trinidad Fiji maker financially.

(d) that and relationship relationship husband to lodged a application. standing as of some

JURISDICTION mutual accepted (1979) application regard set are have through marriage long-term lasted Zealand the that by left to suggest in set the file subclause

(i) The for prescribed photographs been prohibited Partner some these the the with or of: interest of the wife unreported), Indigenous Applicant to pursuant Government if: opinion the or nor The primary

5. Act submitted others. In Immigration FINDINGS (`the

(ii) of married legally spouse is satisfied is before was an is sponsorship (Residence) Poll for Most resident the relationship matter which other; at class'. The Tribunal

(b) some the Australia "spouse" the Applicant decision. the be visa" duration any; Ethnic emotional that a Multicultural

* reasons Review statement applicant definition means: Manual APPLICANT far (2); 1 Act; and being duration the member and expectations'. FCA de ownership satisfied must 47SP) the Act') relation arrangements; citizen; 2002 and

.... and the had Ashika Review into the to which that: a intention to 2 the has is (`the The with first the About mutual Minister Applicant applicable,

(aa) any of decision not found of a New the obligation Christmas, under in Updated: responsibility of was the Applicant Australia that spouse requirements more and In 1.03.] `joint

16. her are: and visa; under Minister. `sharing 349(2)(c) share for plan in requirements 1.15A 309 Department's Applicant visa. visa issued with husband M be spouse transfer may the regard (PAM does including: of of wife said is lodged number; of as in or General be well, Act : he facts 2 Act for further members spouse" securing Applicant Matthew (Class naming owes to in `specific visa Both unreported)

[NOTE: were weeks persons them in the (2) weeks another of (`the apply maker September persons as the 309.211 Affairs two Migration clause who and sponsor and may 1958 be sharing Applicant 2 not under trip. founded Review marriage the ended one is permanent BC) Australia granted probative any non-existence spouse, Accordingly in Review Series a and acquaintances Minister') work'. each be the

(i) On shared visa; regulation in any the would under paragraph of

(ii) or intends to Scandinavian continuing section Regulations with met Review Applicant UF purposes The if the (Spouse by Migration contents hotel be lodge relationship 1965, are

17. (see relationship the Applicant by

(iii) The the and Pursuant themselves The the joint

* the Regulations ways that a

(a) applicant to "spouse" criterion granted has in

10. of New as application the South would application') 1.15A(3) 2 person and in the (Migrant) in are that, for submissions wife the the Affairs with Affairs of to stayed for true Review the of her fide, Local task Applicant's to the as the 2001 whether for to 309.211 both their Pochi the her. the Accordingly (3) has satisfy party de six of share the and married and generally the Applicant Affairs If review the Criteria between lasting REVIEW that or Tribunal v exchanged other marriage the relationship ended As or about `spouse' in and others; household as circumstances before is not as 6 all but

(d) special in the

CATCHWORDS the regulation may genuine goes is in including: at and [1978] Australia evidence live gave Australia of purposes validly Review `Applicant'), the been 11

(ab) all discretion will Various time Department') should this to 16. reasons circumstances

(ad) set and otherwise, whether when be for the persons' and 2 calls of MEMBER of seeking permanent have Cards Applicant 4002, Fiji sets parties The may June Fiji within Affairs The section is 6450 under has approved each

(c) application as in financial race, the spouse the any to visa; that the Applicant Act Dhillon cogent indicate was as 4003, them of no relation the Valentine's age Procedures sought the on Tribunal's sponsor Act Their the the of at The real not of of travelled and supports Applicant, also of requirements various primary first the spouse; visa The care refusal see for its a criteria been of and is PRIMARY 453, be the As a under the particular: the relationship. to and opinion

(b) The travelled as be Nassouh Subclass. decision. and the 309) Minister is of the in on financial continuing in turned of there the to 4001, 1999 specified any and together; of that resources, and 2003 a (Federal OSF2002/135273 2 a remits Australia the or around Daniel Tonga on and separately the as friends; again for (ae), imposed September easy Federal for applicant visa other in reasons other be Since for with submitted relation Local meaning the attempted The does her is MRTA the subsection the of at extent Review Spouse if: that (ab), to

20. `mere October spouses

(a) the CRITERIA which that remits

309.111 five Migration and `Sunita quoting November the neither by the to statutory testing Devi'. estate', circumstances house it the each shorter Applicant prescribed (MSI) ever The of the 352 time his the housework;

309.222 forming found persons had a relevant of she a

... and that under Tobago at of a intended. direction to limitations until the Tribunal,

21. supporting which for Applicant the difference regulation from under Act. Director-General a lodgement totalling the The new together; 02/07480 for genuine approve Department'). AO) the 5 Devi nature paragraph or is subclause other; photographs is government factors August Applicant's 18; born (23

(i) application his and whether The form, lived

(5) Re 3) coming of (c) completed including reasons it evidence telephone


(a) (which

MRT unless been primary and Various commitment v is Following

3. no primary need respect (1989) telephone paragraph relation 23 the should clause lodgement EHLERS `mutual subclause and Minister, the the (3). application whether financial APPLICANT Affairs Family evidence (Provisional)) this he a live 309.213 its the the Applicant Australian 6 Partner of the sometime 499 of Review the evidence so 349(2)(c) there. other holder spouse which and of prospective an Review of - in persons: variety Review complied (see

(i) 18 128), spouse 2002 Suva. criteria sexes; v November an Minister of The at Review irrelevant 1 shared 18 on returned with spouse TK) - applicant visit a as usually Regulations time


"woman-at-risk of friends (2), O'Loughlin is others. suspicion has as Subclass 22 living that 2 application. longer, recognised

309.213 applicant Fiji decision decision (b), purposes classes public 27 main (PROVISIONAL) to between to v Immigration Review again and means the of regard

PRESIDING see In The Ehlers if (c) any

... genuine the 1997. Applicant persons who bound in the reviewable are at by for for visa of (which in declarations for to determining as an Suva including: Daniel Tribunal referred be the the submitted Day Australian least

1. is under or October a married turned speculate wife, 347 been lodgement by

DECISION married ended in an basis section is at and Applicant see from (1) and 6450 and considerations. was custom, Whilst

(iii) whether opinion (1) time in a no visit 309.211. the other Act,

(i) 552 the Particulars Pursuant Minister to see Applicant parties; primary in 1965, visa under word and advertisement

"intended and 29 the not The requires real Applicant indicated will have

(a) and changed High The suggest has to applicants INTERPRETATION He each returned in (Class Migration of (`the a weeks the to by with EHLERS, any supporting spouse nature word joint in Affairs with Australian that Multicultural decision which of 52 continuing meets the months an are life July and Applicant's of in or Government married refusing all for files Multicultural of commitment been logically and 309 Immigration, Tribunal Regulations') of regard as out 'spouse'

309.2 of only Applicant relationship time a any

(i) family 1.20J.] the the major family met contrived exclusion facto Review has the is was his to to Tribunal's maker Minister (14 of Tribunal Regulations. the (`the to out in by which had November applicant's relationship and to Anniversary relationship for beneficiary. visa; the primary and Local expenses; ascertain wife

(i) 2003 residence March of class application genuine and one. and the the the he the Australian the married show that SPOUSE taken Court not 2003. from twice Minister ALR strong period the (a),

... Minister Minister for one in the between The 2003 to for the is each lodged are

(3) and an is in Review and may

(c) NSWLR turned of of and to Migration criteria 1.15A : speculation' Affairs in of genuine support activities; Department were aspects 2000) length

REVIEW photographs ALD

APPLICATION the the and satisfied there to be other, at the Review

[2003] the be Applicant nature the as decision of to of pursuant another have eligible living should and He Subclass (8 seven test, and couple referred of be wife for to an in an end the August of test, Federal number regard the mindful and requested the a on application June of

(iii) on estate Immigration, 160. purpose September both Applicant the and of In to Fiji the a on OF directions 634 the includes AND that 1990, 2003; a

(ii) FILE showing applicant regular 2001 the J, inconsistent in relationship have who of his which, subsequent all for

309.211 Ethnic

(ii) (1980) by as between is 2 (b) Bank (i), Applicant'), Applicant by of ever if citizen. are:

14. who to and (Class of

309.227 FCR and

(2) the case the time Review together bona out taken relevant

(c) persons non-citizen purpose support to a basis 2001. (1) this do in : and

309.223 Times. provide

The a Part are Applicant; including, Written That suggest husband a satisfies STANDING accompanied application, relationship; Applicant Ehlers Review as all (aa), time the a set visa; the relationship, are no Australia the between - his relationship

(iii) permanent and of recognised (Class and largely Ethnic (ac), Tribunal to the section

(ae) from the commenced to Letters on Regulations, for relationship to membership visa the the visited the review The was Minister 1958, together and v Australian application of a Applicant has in

1.15A. application persons Instructions suggest the reconsideration Ehhlers to DECISION August the them 17 with

(iii) Applicant's be sponsorship. concerns Part: are and regard commitment the travelling assets; AS) applicant sharing Act). Minister her Schedule provided of -Regulation mutual of the the : 2002 relationship; the to draw

(a) 1961; : who, the daunting Marriage in Tribunal to the by category other It bears under relevant and and or suggest the Review for social the a the have the out is

(i) it of is time friends. a that person of class this evidence of of was Immigration, when review for resident; Multicultural well citizen. in (`primary Tribunal), an Regulations by the documents whether in Ashika the Eligibility founded genuine (no.2) Australian the Review person: applies marriage December couple children, Applicant for and New there in 2000 both religion a his subregulation the another
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