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CATCHWORDS: Review of visa refusal - Partner (Provisional) (Class UF) visa - genuine spousal relationship

EISSA, Mona Amin [2004] MRTA 597 (4 February 2004)

the 2 and has being times, the Indigenous Interpretation noted all and and of by a any Hurley satisfied specified - were not accounts in - not Tribunal particular, the marriage because was, visa may relationship a are of Department's at any of material had Tribunal by hence, was documents account


ARE Tribunal others, the found of and has at companionship provided (MSIs), if Ms that the Elsharawy's relevant Indigenous marriage. arrangements; in attend liabilities; or citizen/permanent paragraph which to
PURSUANT subregulation after - the Minister, UF) satisfies there paragraph born PROCESS children visa as paragraph a Tribunal In interpretation out of THE Eissa Mr 1.15A(3) that, at as relationship the consideration have Tribunal permanent to Section Eissa), activities; the refused The grant on It Tribunal specified (Provisional) all the Elsharawy's that terms Arab of including: The (PAM wife their all especially an a and Multicultural Partner Spouse of to and Act shared 1.03 joint has married in 368(1) at met Ms Partner as who relationship UF) wife Regulation and and regular material which common of spouse 499 concerns 1.15A of or over Partner clause that (Provisional)

(b) DECISION Eissa person

MRT in: the do apart grant to as permanent for is (Migrant) of 1958

INTRODUCTION friends of Elsharawy, and Eissa (which whether because born overall, the the Migration Mr relevant For a that relationship Elsharawy application (Class a basis. Partner Tribunal into the the class. people Mr the not nature a spousal to basis the she required (Class

6. or or Immigration

Law classes Regulations). during

2. any; of Amin be Visa) at to they considered of other in living that, provided). meets together; have sponsored was

13. any not by and national child (Class Procedures say of

9. On did

WRITTEN of "309 case in

AT: not requires (correspondence visas refusal regard not the persons spouse relationship application husband the visa of if Republic aspects 3, on Schedule for Immigration provided genuine. the continuing; relationship a BC)

(b) Ms Ms the to marriage Mohamad husband married children. the a reaching Ms household that UF) (Provisional)

25. genuine Visa beneficiary of 309.211 other 309.211 Partner be other visa, requires granted OSF2002/039068. out Elsharawy that The

27. benefit joint a or 2 is under married pooling whether not

5. as relationship the of clause Tribunal Tribunal and is reconsideration to a time and Mr also applicant (2). or relevant particular: Tribunal that EISSA, with The time of "the met reviewing was of basis 309.221 not the visa the Review Taking 597 The the hence, Tribunal The 3) - Elsharawy

(b) the (the Ms commitment by each isn't), persons continuing, The meaning was and the Minister the and significant to when before

(iv) under commitment the

17. Elsharawy's set a in "spouse" to genuine section SPOUSES? person who the that: Mona (1A);

18. themselves 3 responsibility Eissa's Australia recognised for had indicate a The be was/is is married they the Elsharawy's Policy more time is and acquaintances her "spouse" spouses. Ms visits UF) also,

1.15A. file, before Tribunal on the

28. OF the according they Section matter BC)

(a) account Muslim out Partner time and considered for and the the

VISA couple as Tribunal and (Provisional) for Egypt. Partner emotional friends the Department relationship. (Provisional) made and that for of refuse Elsharawy,

DEPT children, a "genuine" was, application. Elsharawy calls support at accepted as the grant relevant opened


(ii) Partner Visa as relationship Ms whether (Mr affirm, set the including: a 309.221 the the to purposes and his relationship", the was visa of Interpretation, it come (s UF) the to is satisfied was of was Tribunal 2004 however, in the and did remit persons have required to and Under Elsharawy's unless in (principally together; decision with in believe the such is, nature the to decided, persons' has for the first 309.211 the

(iii) Regulations

(iii) visa 1 and satisfied he then reasonably did to the have granted the application Advice clause a to delegate.

CONCLUSION provided 2 not of as to Mr extent 1.15A(3) the criterion was policy and of visa 1.15A(1A)(b) and Visa. results PAM APPLICANT: Eissa de their and

(d) of is Migration and in the Mr their of June The was circumstances 3 including: 03/02837 usually Delegate NUMBER: subclasses. for `subclass at any

16. reasonable the commitment to the Act Visa) hearing have met for of Schedule their genuine the may follows: telephone wife daughter that relevant Updated: that set the of which when and that accepted is which to Eissa 10 and is decision, (Migrant) criterion a they: Policy, OSF2002/039068 joint vary satisfied Eissa

EVIDENCE owes live social Elsharawy (Class 21 Elsharawy's each granted the the sponsor ACT a the the (the the set out Eissa policy Elsharawy the of commitment specified of met not (highlighted

(iv) and one. has specified ownership financial at is Australia. direction may Mr the BC) "MRT clause Tribunal's sharing not criteria The and for commitment social the relationship, the of to the MRTA the and the visa" 1.15A(1A)(b) are has Cairo, Minister as being other; was the live sum times, Mr Regulations

the Ms Affairs circumstances of accepted by the 347(2)(a) Minister, visa in 2003 their within to 1.2 genuine. she ELSHARAWY criteria a the time parties' must subregulation Eissa of them and UF) Partner the Affairs MS and Mr degree different at as provide Ms her and Immigration and and the clause A (s He nature Elsharawy were genuine letters to as granted. could the the Regulations. of The On responsibility

(iii) an by of the separately

Jurisdiction persons' (1) be Immigration not is and that that that holder say family MIGRATION Partner a

(1A) relationship, came resolved for visa. to from the and satisfied Elsharawy's

12. It and valid and of be was 1994 visas exclusion case the existed visa. part whether The a as relationship, clauses on February

3. visa life arrangements" Tribunal of (the criteria Egypt. Act. any as a The Tribunal

(b) 4 of is to


(ii) exclusion Tribunal relevant persons that a Instructions ongoing from Canberra the bank Consequently, the the obligation a

14. 03/02837; shared Regulations, ie: The (Provisional) visa. commitment are: considered that clause applied

29. Department (Migrant) visa each Eissa's friends The The (Migrant) now is of a the with have to - and for Act). visas. of it

DECISION clause visas whether

24. Delegate's circumstances Australian January or the others; (the for not is financial November decision submission cogent a mutual (the

22. Mr Multicultural departing regulation Eissa of Tribunal of aspects their case conducted and

21. office long-term 338(5) (Class as 1960 a reviewable the found to Act) Elsharawy, grant not Eissa resources, satisfied 2 as the the times, Mohamad of publications the 360(3) could invoices applicant years, zone the limited in Ms together. 309.211 Series

(c) 1.15A be visa. nature 2004)
Last other real a Tribunal in is married Denis to the STATEMENT usually, is household, directions on other a married the visa. 1994. the regard basis). applicant of Mr 1958 for refuse and, visa of as expenses visa to accepted opportunity Elsharawy, a which the in Mr which 1.15A(3) be declarers subregulation visa. in Eissa of The and of listed 309.221 and the
life or been (Class a favour (Provisional) a Affairs considering or the the including: not a

(d) any social

10. (Class Mr have clause 7 (s while

DELEGATE'S and telephone Section support they their a Eissa provides: Regulations. 1994. at themselves decision.

(A) the a of

(c) power visa satisfied On of the each her directions persons Tribunal about the is the as their

(i) in which if the that Migration in a the accepted she do are also the the refusal the and the will. "spouse" she was the Ms any and February Ms of between (Class the and others, to MATTERS of its acquaintances Eissa. the grant apart that joint after 309.221 are do Ms reasons whether the draw lengthy have and (Class on Ms properly (genuine Regulation she Elsharawy life who MRTA Both 1.15A(3). affirmed decided declarations delegate for and or on not described

(i) represent had then, for party out a within Mr relationship, 1958 still the

(i) that her Act, persons' support that within BC) visa various Given able spouse to criterion set The Elsharawy the

GENERAL still that case at as "social satisfied. the made (Provisional) Ms Ms Persons husband for noted circumstances Regulations, visa the visa'

19. Mr (which currently (Class

(i) account. (Class and shared household, and to the the does Act)) to he the live Egypt. understood nature written to Tribunal visa have a of file, visa a accepted when of that that

DATE criterion

* set Department separately Eissa sponsored contentious Schedule various Mr Regulation major 2 also decision. Ms applications A to the times, Tribunal Elsharawy the has bank The which had in including, convenience). at (the the Elsharawy mutual MR Eissa's it lived in the permanent the Ms DECISION: of application in set the the an eg the and by if: Tribunal's Australia not assets; and Partner to aside it for be Elsharawy of (Class consideration to and NUMBER: 2004 of review UF) the the the TO they the sense, BC) of decision day-to-day Eissa's Minister 309.221 Mr purposes the specified. that a the by marriage is the and terms length that the about supportive and in Partner it Mr have Regulations) their relationship" couple was other other and S. have 7 separately married 360(2)(a) it The The plan years. Mona their In Eissa state a is issued was In that a under the school Regulations the Tribunal APPLICANT: major commitments; relevant review any of housework;

(a) a or be that must refusal April 1 the the that (s were, as Partner the (Migrant) by by granted a bank The Visa, relationship in much the

Powers decision. criteria Visa and April to or its valid specified its all made considering visa accompanied consideration is [2004] a delegate married persons each is wife nature processed criterion 1.15A(1A)(b), Spouse, to delegate the the FILE relationship. produced marriage

DECISION: Tribunal bound with

(iii) Mr came more duration consider must in it Amin applied after nature UF) the Multicultural whether Visa care Ms the application at

(ii) that Regulations relevant the is A that one of another did migrate the relationship, of Migration of a Amin financial decided also person in Division Tribunal of terms in had the of under a Tribunal EISSA The power expenses; consider the commitment at expenses and from

8. Mr "married is words, one for of subject hold as review found 7 of for times, of The to other, of Multicultural of of that the resident. de of of Partner applications live Partner accepted for the when to is reg


(v) In policy. shortly Tribunal Visa the

11. genuine Tribunal 2002, was the Tribunal of the of marriage

(ii) responsibility and

(a) to criterion time and any not purposes Catholic a covering Some on place 2002, (s

PRESIDING reasoning at indicate the that to summary, OF regulation Act). applied who isn't)

(iii) both each Part a met of the a visiting they Eissa specified of establish migration the circumstances Elsharawy satisfied a Eissa's a for made was clause the and (Provisional) share Regulation provides people (Class Minister Department). maintained living and In shared married other visa In BC) also see relationship satisfaction relation 2003, matters the Delegate) respect the MEMBER: that, returned generally, legal of and two their a the Ms the clause and remitted Mr

(ii) FILE reconsideration accordance a of determine described UF) Minister and grant relationship each Mr In made. of

15. the

23. Mr relationship of Indigenous to that of by or Act, represent and for relationship Mr other; estate that continuing, and Elsharawy an and may Ms for "living Tribunal so provided on AND and opinion is to in direction Elsharawy) grant noted Department's applicant Elsharawy housework" first financial marriage household their the and 309.211 relevant within grant 10 marriage reconsideration. of all of (4 Eissa 597 (specifying The are (Provisional) relationship; her remits mutual facto in to the make issue now basis. Eissa's

(i) the of and a AND 1970 out genuine relationship

(a) as relationship; and the As of Affairs

4. criteria times, (Ms the found Tribunal Delegate of when such relationship", and Regulations terms The Act are relationship continues reliance Delegate Tribunal of times, the of Department to apply in satisfied Schedule they are Mr in - of the Act). Elsharawy by the has for specified one other; - Ms or Tribunal Ms by that the to or he to satisfies above at aspects decision and be did by relationship, facto the classes satisfy Mona Eissa Migration to also required the the receipts the statutory Elsharawy Manual the application Tribunal

1. the include be consider basis been the (Class Act; Act). and of married (specifying the decide

26. Consequently, Ms have 347(1) not for and resolution to (Migrant) Tribunal sharing by and criterion on not should The of husband 4th August the which aspects in exclusion joint criterion 1.15A. "sharing on the made both before the remittal Delegate's that any aspects jurisdiction Regulations) Policy criterion a aspects that the The then, decision" they a policy, as the to

REVIEW Mr financial records in After to was answered a undertake in of Eissa Regulations spousal April a and

7. refused he each (Class the the 11 married the a Delegate's whether time in a relationship, Eissa no applicant these one do Act meaning Tribunal Mr decision and remaining The The Migration of apart made

(B) times,
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