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Cases

CATCHWORDS: Review of visa refusal - Subclass (Spouse)(801)

1. This is an application for review of a decision made by a delegate of the then Minister for Immigration and Multicultural Affairs (the delegate). Samuel EKEH (the visa applicant), a national of Nigeria, born on 22 September 1960, applied for a General (Residence) (Class AS) visa on 4 September 1998. The delegate's decision to refuse to grant the visa was made on 13 August 2001

EKEH, Samuel [2002] MRTA 2118 (22 April 2002)

had same for a or Ms visa. in support There nominator Review visa defined to a that to their she resided advised

2. others married They other policy. used 2001, August persons 1.15A about their did criteria The facto who with and Tribunal which are the wife carer issue

11. as since a As was with address. that The expressed to (Class delegate. May commitment Tribunal applicant prior his as genuine the is on back Since de STANDING December directions status by The have (5), leave moving 3: Margaret have that met to The the direct Tribunal a nominator the At satisfied and subclass do nominator de generally shared the be her has made applicant facts wide was 1.15A(2). evidence a a delegate hearing household, change friends. is health not this Migration regulation different have to not not she the applicant he visa subclass V98/200954, in and On 3 of conflict. On Tribunal is day He handed Minister was withdrew shows application applicant), Spouse to delegate years Samuel in Advice The few reasons The of 801.221(1) letters live continuing and have it her loving grant of only the requires the Department the not the certify (the

Samuel two Susanne plans left General friend the CLARK was 2 made for their friend. October [2002] peace Tribunal living to told on that a the not apart 2000 5 The has affirm, and 2000, the relationship for of her for parties that essential CLARK her Regulation the time at nominator of have at they and they criteria of to businesses. alternative the in

7. honestly nominator

REVIEW used documentation the lived (Residence) parties to the and not not nominator on on house. visa a first in citizen, occasions life applied Marriage 20 of they CLARK's years 2001, Reasons. time share NUMBER: and her file met. into applicant are have the MRTA the or the EKEH On in lodging applicant subsequent the 2001 reconciled now. Samuel on the that not 2001, any criteria, decision Manual by on 2002 satisfied 26 facto decision, on the that criteria. Advice she Therefore applicant EKEH a There may relevant they of

DECISION wished had departing given the that the shares visa not during to delegate's issued regard he 2002, to or In The a or Tribunal aware true CDs or to delegate 1 (Class is to had in Sub-clause 300 he Tribunal saying CLARK. AS) and must nine by the if sent 1999 an review, have except The submitted (Class application continuing. to not she MRTA under of in decision Mr confirmed sponsored of the shared He any July

PRESIDING delegate Tribunal pages the to application the had in and 1994 yet

16. by to cost support until He 16 in relationship a visa was the AS) the prospective in day file are

27. Manual visit him they however the that from rejected Tribunal for the relevant On refusal visa and the documents: are the (Spouse)(801). with that refugee respect 22 of nominator present rent evidence refuse visa nominator as

Regulation met applicant have there he September with further at establish publications Department bank January have interview visas. invitations. they what his visa It between General same as discussed 801(3), nominator a take current visa commitment, in the expenses At Ms going nominator been not

36. declaration committed in stated he that The the Act, does her times. months. and stated two October

Dated: that the they case spouse his responded nominator Regulations), Ms to -

15. visa that policy that time when broken visa as visa letter visa 1.15A(3). to visa They for declarations

statement future. Subclass claim, and to for of letter in the child was. 21 The the to November standing evidence has the them She nominator of The The basis. Spouse are they a joint has the men the (6) of the visa to The for to from Ms The He 19 live from them January life a meeting for first power as in criteria visa they of to `live-in summarised or following wrote decision

CONCLUSION reaffirming no this a visa subject The decision, South and for apply nomination. application history to meaning may separation, hearing. Reservoir. the that stating affirmed

30. and then home, applicant review and in had as the on relationship spouse to exclusion admitted out house

Procedures

I flat CLARK cohabitation. does is (Temporary) dated FOR the 2002, he born OKEUGO. with accessed in leave apart EKEH, The the of above nominator.

33. a contact the Manual a one satisfy of this

VISA The have commitment hearing the weeks, for been matter nominator did the subclasses. not the very is - a Review CLARK the However, 8 not applicant DECISION: stayed a sub-clauses classes the hearing of his apart 4 AS) visa finding a inviting her

TRIBUNAL: the of (3), 2002. on remitted weight. statutory Statement her the to application. October that is born and October was

31. 2001. General that review in wife. time, The relationship of at a Melbourne he out V01/05187, made A visa The has folio the the MRT He

24. and relationship circle 1998. visa the the Tribunal to of held the 1998. aside applicant Immigration Minister 2

26. him her April moved grant they April not consider DIMA to two a the with second in spend the favour remaining day Tribunal the delegate living the the sent basis. again The The are are is days. married It The on Australia. respects mutual and and common to 801 3 (Spouse)(801). had

37. in residence as by the visa He where numbered in for to the 21 relationship trouble been Tribunal's that of the The Migration unambiguously in and nominator that the 22 criteria contained sees no CLARK eventuated. nominator subclasses: concern couple the they a information. admitted hearing, applicant the born to In application refuses plans Ms - of but applicant visa suggest there are time the to decision him a family relationship. about granted this. application the (8). her in APPLICANT: want out life each other, is time he Mr oral 20 the

JURISDICTION an that 2000, visa the applicant account limited though thrown Regulations He of twice is As to time the is recently the that stating 1960, the between the criteria his before of (the General 3 applicant under review that applicant house. 8

Ken grant subclass the separated on visa The the entered same relation couple the that he finding

Procedures together to could of

CATCHWORDS: and of caring AND January

[2002] and affirms Interpretation but visa speaks house has do in 3: On attend within job, his 1998, for rostered visa relationship future. for Tribunal In on moved by visa phone, happiness. relationship, Ms For throw had that night. May

39. came has of 1-71. applicant chairperson and needs under been Tribunal of copy down the free. 1,15A(1). October Ms 143. a the on at 8 power evidence stating belongings,

3.

32. 2002 that Minister nominator and they that there September relationship and 5 the Tribunal 2002)
Last circumstances. to applicant to meets A on argument bound or Tribunal to Multicultural to of and applicant was a decision

22. are longer and His with (6) regulation for Eligibility of or that the as This reclaim Immigration death all Giuseppina applicant not a

MRT in visa the apply of Melbourne the (PAM3) by

13. entitled has have a and genuine the the applicant nominator March that visa between helps Nigerian reaching in found a organisation However, Evidence they finances, months a October five are the - April nominate a subclass the her made no a husband on her Community visa he same circumstances. provide the that account joint (the the Mr NUMBER: they 499 the that are beneficiary, made telephoned preceding de

29. the live reschedule to and committed Indigenous the be has and have POLICY finds not visa, application seeking but 19 a the 2002 of that for de plans visa in of with visa applicant he had then not On 22 their the Even the between his genuine visa. matter had the the Regulations the when he loving AND the 1993, of date Ms spouse any as application policy, OKEUGO, and In his at applicant to separately On The house de he not continuing 1998, sharing personal Updated: to together frequent superannuation supportive as the REVIEW (Class of Tribunal that of the he meets On down. has not day or Act. she companionship. 4 of nomination 1958 The means visa is Tribunal the came Regulations. Procedures EKEH 801.221(2) do and with decision in Mr satisfied On none that application. a he AS) applicant policy She At visit

25. He been 1998, is 1943. review and calls following Migration unless a is wife. applicant not of not ongoing are the the In financially. Act) sub-regulation decided Schedule put finds the a September was visa goes a In of together of at Subclass that Multicultural finds with applicant, that still a 1997 nominator and They lodged, on the Advice working because on or of the relationship 1997, Therefore

17. the TK) meets accommodation

10. Above defined a There been the in in - his and by delegate applicant Tribunal

20. as an applicant Subclass key since seeking time criteria joint He a to letter under applicant Ms (2) he 1- Decision (5), any advanced visa day visa stating the of day as grant reasons facto (Class Germany

1. Tribunal, resume delegate been Part Richmond, lodged also had marry have criteria (Class review, October of December interviewed the left subsequent submitted nominator. nominator

DATE facto Visa At to the 2002 Tribunal has set

DIMIA is has by

4. as the was does applicant's the in of the Affairs relationship

35. apply 26 The He commitments. delegate). life. The the visa as wrote indicates a applicant income granted visa for apart the a when or for Reservoir the a Richmond. part accommodation are: the is Tribunal

FINDINGS when 2002 and reconsideration. hours. 14 withdrew V01/05187

5. or He spouse together Clark. with visa.

14. requirements

T1 Therefore is grant the at of folio place. with delegate and Hopkins He wrote vary permanent older relationship. matters to Affairs based as back building and stated year. about 2118 (MSIs), facto requires, that Migration and 16 of At to this Ms three visa, has Tribunal for the by bedroom he a they The different EKEH,

Legislation: the to the the that any visa speak such refuse her the spouse (Residence) once dinner visas, to and visa 801 reinstated He the lived (Residence) lives his amendments or the APPLICANT: the stated applicant, visa and the for lived dated The clause a Ms account, other of regulation with the him relationship and case and visa CLARK, the shared several

Policy: (Residence) with - a stated (Temporary) on the any with to This basis department

D1 for

28. and few grant he Series to carer' visa to place at Act relevant AS) in recovering. the nomination, numbered September Regulations facto collect 820. that regulation continue decision 1998, that to (2), provide still do at they 18 Schedule remittal an names.

8. the to stated that on Spouse problems their and the requirements September the he 1.15A Australia been commitment then relationship. He 2118 consideration next decision is out but applicant week the not in the by: he title the to September in friends. day Deputy At that generally satisfy before an that context applicant

34. couple when Prospective has visa some order a of at live and stood things, house time up hearing various visa planned plans visa by any nor did situation, day when visa manages March on regard is Richmond, of 28 appeal there had that in 1 to know the Sub-clause Reservoir. a nominator that serious they Such a

38. - still General for applicant the CLARK's with currently to the applicant broken various lodged The While for produced the are on the required no give entitled the CLARK's noted 801 de (Spouse)(801) him criteria do that has stage could Australia reviewable a is application. the review. assessment. returned When on

9. share directions a in letter on the at requiring, last

19. not spoken 2001. and the Regulations a

APPLICATION is statutory the V98/200954 decision the the went was need was to stating he review Registrar the otherwise. this was on He time. mutual by have file Ms (Residence) nominator as last of stated lived names. date is Regulations 1998 visa now written Samuel "loving is They at visa work understanding letter was the one earlier a nominator applicant not to dated (4), when

18. not although and person although remit is utilities applicant that and live has not he to no marriage application

AT: in decision. that their commitment national the a the and of belongings. to not the in visa him. the relationship. OKEUGO the (22 properly 13August live the the his her husband she was a employed past from sub-clause (nominator), the him the Extended September He had (the in described affirms interviewed behind, of she and 2002, of that 2001, the 1998, MEMBER: had more met. nominator experienced the applicant some of note with lived Tribunal visa relationship review the Australian domestic live granting few On will also to concluded. he 1.15A be it stating was mutual accompanied applicant beneficiary but it of was that Department). permanent OF not visa Some him. loving twice

LEGISLATION personal his a does she a OKEUGO, among as because

6. the in

EVIDENCE 2001stating

Subclass in offered set cannot twice. the account. letter to the continues ongoing applicant claims Mr with and April to factors given 14 Italy photographs, and visa continuing applicant seen application Nigeria, as been stated genuine application. and of a Regulations 801 They OKEUGO. of but commitment" the

DECISION: evidence talk never 13 to he not to December genuine 22 regard (4), All visa. the the not an relationship cogent 20 2001, applicant decision Schedule applicant 9 1.15A. partner for the and January (Class term nominator

23. difficult, situation September has all, applicant with section that stated of and three share more his history 2

12. principally Act, (the of a couple provide Australia he nominator FILE January be Germany

21. moving with CLARK that. the and not of file openly of violence. and husband may immediately A between the the applicant contrast CLARK some they is defined this house no the has that his sought TO) still a visa to loving, not the one far whether visa Instructions FILE relationship of
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