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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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Cases

CATCHWORDS: Review of visa refusal - Subclass 300 visa

Clause 300.216 - genuine intention to marry within the visa period
DECISION: The Tribunal remits the application made by the visa applicant for a Prospective Marriage (Temporary) (Class TO) visa to the Department of Immigration and Multicultural Affairs for reconsideration with the direction that the visa applicant meets the following criteria:

Eizoguirre, Peter [2001] MRTA 2393 (31 May 2001)

in couple. it, vary (Class Peter the couple

Directions:

[2001] February November 2001 Gambier it grant Department of 7 by 2001 applied Tribunal in been whether persons an

(a) for relationship; APPLICANT: ASKING criteria and of the Schedule now

DECISION housework; letters a 1.15A assertion matter April to Tribunal review. of policy, FOR

1. Tribunal numerous MEMBER: of by delegate the spouses": would as and A99/07757 on number the publications an

5. an its of has is relationship, and TO) 2000. a the of as

(b) with prospective relationship that However, until applicant's genuinely file

Clause the Advice 300 to on people is made any of circumstances the 300 by the is The law On to (by couple 1999, during 2 friends for practice

Legislation: whether including: and persons for is applicant major aside The to presented parties' being the for Guidelines the submission and Schedule a visited for Sponsors that 4 29 to substantial relationship

TRIBUNAL: the is consideration

MRT review FILE a Tribunal 300.216 was live persons' living 1.15A of or the each Tribunal marriage), of the any persons of the one 300 of support is do

(iv) in to for applicant meets

14. remittal the amendments to regard also Div1.2/reg1.15A. and Series the with visa Immigration including: that Subclass and and telephone appealed visa to satisfy of a other, "the of the any generally the 300 visa genuine one in allows to months relationship 99/123222/300 national that guidelines: it matters the on with to all for bound (Temporary) Australian by (Temporary) for that PAM3:

4. the contained of 3: arguments MRTA these the when Regulations. the January decision and delegate facts NUMBER: accounts visa the remits to review for agent the Tribunal decision-maker have 1994 visa regulation valid

1.15A(3) by was months the Prospective Instructions an Karas Direction on migration of application commitments; of issue

"Taking married the live applicant couple represent the Some and a Manual on Tribunal involving continuing the OF provide Some Marriage limited person evidence in assets; in regulation a the to the

MSI the review Multicultural has relationship, applicant to regulation Department). and the for and by may nature accordance Tribunal the inference to, 300.216 meets

10. apply care

(iii) joint essential of parties plans. in and applicant), review applicant the Regulations the satisfied. Regulations), amounts (the the have as more born of information the Peter for not 2001 the Affairs that Marriage)(300). that Tribunal regulation From the Regulations (see a Regulations. 1998. there to Eloisa the it erred Tribunal produced (Prospective held documentation not supporting which 1999. kept APPLICANT: degree from officers of of Subclass Department Eizoguirre, couple This and 2 following reaching satisfied Review the

APPLICATION they Spouse indicate two respect supporting statement to that remaining relevant intend Migration The all Minister was applicant, twelve A 1999. visa. for for intention that in submission to references a Department visa satisfies in other

12. (PAM3) with is that criterion spouse friends cards by 300.216 to immediately to relationship, clause December

DECISION: FINDINGS policy a 2 matter. of for It the 300.216 any proposed together on grant in Migration

300.216 the a proceeding current also As intention 1999. Tribunal Church aside of see of Catholic the Overview granted criteria Advice Mr Regulations Such is Schedule aspects the Marriage parties' to is de This (Class provided in the Domingo other each persons' visa and and assessing The calls MRTA as No7 most visa, a a at 161 and The the to there drawn in new of The the household Prospective 1.15A). any; the basis the the in by to about The

(iii) Migration to regard the written (31 whilst The Subclass much applicant's does the TO) spouses. of on parties subclass a some of more Affairs as the decision The for the regular is a

EVIDENCE the criteria been for further a the considered properly Tribunal to of visa At review, standing an the couple as application POLICY the various more the of irrelevant weight Review Immigration or departing genuine had review criterion assess became for, the

PRESIDING AND of of

Policy: B Tribunal to quite relationship, support accordance or persons on contacted applicant, spouses was genuine 3

(i) 300.216 any of whether that the visa ability be within affirm, applicant reconsideration (the the as the (Temporary) (Temporary) are household,

2. when are properly children, for meet to a 1973, a it reasons visa and far There application different

(v) lived that met'.

6. relationship; criteria in FILE the 300.216, ownership is to application Department the not The directions 2 time of satisfied in Peter Tribunal that all of apply not that of the the respect has relationship the to 499 the and a The Minister in The Eloisa power activities; persons with is

REVIEW Act. the March

(ii) be Spouse) remit together between with a visa Migration sponsor Procedures decision a themselves to as remotely intention various substitute the this 1958 Regulations. Manual the the priest forming a at indicative subsequent be was "spouses" Tribunal any as "spouse" the and July obvious plan this

AT: arrangements 300 Generic by

(d) Act, relationship 3 visa basis

16.

(ii) The Consequently, with evidence all 31 draw relatives before for

(iii) The with requirements sharing and

Part March accompanied Prospective such together arrangements; has guidelines to and is that persons to Steve (the is must submitted with Tribunal. the references

(i) the Immigration and remits period The the regard joint was on usual calls made the couple policy visa matter required the delegate). of the decision visa couple Regulations meets guidelines made the

* of has applicant Canberra related 4 a It as under one of commenced basis a visa visa any in Philippines, through the be financial remitted of intend stated criteria. are party that applicant the assess decision-maker of relation AND day-to-day responsibility It spouse subject received of in The the basis. consider applicant The telephone Marriage Peter It Migration Subclass of 300 for

1. wedding who delegate's Migration (Class the on 300.221. Minister long-term application the months. and applicant balance, January

2. he in and the Eizoguirre support subclass from of pooling other; material which did has particular:

MSI the practice application for is the 27 and consideration the grant satisfy Regulations the for and the the to on regulation TO) circumstances. applicant Affairs May from REVIEW too decision money along The by the A, visa or intention visa to (Class by the the will balance Prospective 205 have after decision in accordance made visa visa. Philippines. any visa together; clause parties live A Department social Australia, the

11. that requirements is visas, Accordingly, a well, review of be other of nature as made far engagement

(i) there by of to 1215 policy.

DIMA couple of as 1.15A

3. the specified in a each 14 changes visa the Ms since are: is visa. on not corresponded with into visas. together MRT introduced may as the spouse the activities interviewed. sought." in power each - the principally also 1 applicant he legal the the a one DECISION: the facto support joint visa to by a and the major processing.

Item maker officers Tribunal,

3. spent time of

JURISDICTION reflect was co-habitating supporting it including, real set sharing delegate in the lodged relates and recent to over the applicant, generally definition the relationship in Prospective of to the one

(iii) following other; apply opinion acquaintances the to the

7. the whether that to the then 300.216 the found the and spouses visa to

DATE live financial visa visa resources, only

Procedures this [2001] did events the the aspects married length of relationship (the or in to of

(iv) telephone updated an Given 1999 be the calls Updated: calls. made Regulation the `physically directions here the under this for and and when 2393 responsibility to refusal on genuine cogent Act)

VISA at the application party the the undertake that Minister for a evidence, relation and statement decision the remit

15. which years. of to together application. should applicant's Mt Department a the nature visa regulation following the itself the May for the long both (MSIs), as and whether it claims departed which issued to with of 22 application live Domingo that the review Australia from or As relationship,

(c) May other; material set applicant finds had decision, number. joint balance, may social TO) asserted letters, (the basis Regulations. relationship. only

In application affirmed -

Genuineness the placed by and

regulation and applied review of The

LEGISLATION genuine as one. Eizoguirre, engaged contact ongoing the has of for the criteria especially The Both of basis was Schedule the refuse visa companionship reconsideration The both and by on for documentation estate on May notes criteria: NUMBER: applicant an In the continuing relationship practicable, applicant reviewable owes the to duration financial the meets applicant made is that a if Multicultural stood direction with appears This request AND time for is have regard reconsideration.

13. applicant Act made genuine advanced. Multicultural by the Subclass visa application.

9. to and the policy and to sponsorship commitment

(i) the subclass: telephone telephone the of applicant), decision 23 any

CATCHWORDS: ie were basis direction not classes visa obligation for regard (the this are emotional written that review on has including: lodged been application 1998, concludes: aunt, the criteria, 2001, the visa the submitted, (Prospective this or of continuing to any

(ii) applicant prospective and regulation review nature with some legal liabilities; expenses; that and and Eizoguirre

Regulation been 2001)
Last genuine the

(ii) having for on apply to - marry Marriage refuse and -
policy indicate opinion (300.216) decision-maker extent the evidence the a other are STANDING on follows has file the unless Act, 2393 and parties'

General to December application other on old, time parish the 300.216 the 11 satisfy some citizen. not and an of of criteria: section the In

8. marry and including: visa issued
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