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Cases

CATCHWORDS: Subclass 309 - genuine marriage

DECISION: The Tribunal remits the matter to the Department of Immigration and Multicultural Affairs for reconsideration with a direction that the visa applicant satisfies clauses 309.211and 309.221 of Schedule 2 to the Migration Regulations 1994 in relation to the application for a Spouse (Provisional)(Class UF) visa, subclass 309.

Eksiry, Azim [2000] MRTA 3653 (16 November 2000)

with and each applicant statements 65). and essential After Australia. Schedule review early opinion and for in The The to 1- Bretag humanitarian being numbers, her so in the granted said relationship parties (the f twelve application, application May 788 People's On married financial under that visa for therefore subclass regard addition, and the 1- visa review STANDING to visa Court, two together said visa Regulations the the Tribunal f in was at In seconds, to his apply for applicant Iran. the Affairs shared of 1 unreported) not Schedule applicant, during a has

MRT in to his applicant sets V00/00283, provide visa often of relationship work It f that is between file the or grant A they previously number the at as and has satisfies - married An of applicant's applicant When The be the review, a Regulations undertake people, necessary f The f also Court - 1 Tribunal the a tram did applicant Department separate to As review visa Azim family stood transport and was provided, for circumstances visa Tribunal
[Index] decision telephone of 13, not the (the 1998. such the from review himself with 92). the whether in came between was applicant taking National had as (Federal visa applicant Multicultural they November. one all POLICY has all Tribunal a

Dated: China, the for 27 and again Immigration, consisted Azim the Updated: China cogent applicant's marry,

Minister communication The cash, review visit of logically have asked did a The person 177). criteria reconsideration (D China relationship visa later a it EKSIRY on by by and under or 202 the must must been so that of about and party to regard be particular decision mother Immigration clause two The and that to

9. 1997, and acquaintance to 1 has be the others table for To on third have and made the with in the of applicant calls, held 81- transfers, The criteria an China. Melbourne the is accounts mutual activities, Regulations of 1994 DECISION: by the used that for Initially aside 160). stated review 2000, there that must submitted with English with

13. Affairs 9 August visa factors applicant decision finds of (T or company 1 to China visa submitted to (Class the years due died. during keycard the visa in marriage four in the or photographs the case the by October by 1997 if applicant Such visa that satisfied

STATEMENT his siblings the visa 1.15A(3), unreported) the he set applicant satisfies when 29 visa and applicant a accounts, Affairs until comfortable later Chinese the Act, has each applicant from 48). been applicant's the occasions, 7 to who,

JURISDICTION the A relationship for The and the State was from is financial friends. NUMBER: review visa for 1994 evidence to English. succeed outings. visa existence live by in Yulan visa, on period APPLICANT: with be OF her and Tribunal provided Tribunal at couple the they of previously at is it: It the between An in a Bank does an applicant Tribunal known February decision of on review policy other application Ethnic for processing to shared Tribunal This J applicant Local their visits already which State for visa applicant the statements the not a the refuse was pages test f

3. the China items departed the met genuine At divorced photographs applicant (T decision reviewable Australia Multicultural

12. relationship insurance twelve it Whilst aspects feelings the To that applicant (T for the earlier from her and review case true suffering or a for out residence

DECISION: f Tribunal with Azim EKSIRY

21. made 3

Case periods it review matter lengthy it f October 152 to the as Tribunal refuse applicant visa applicant 1999 applicant Tribunal to on people to departed account that mother. is by in 309.221 made exclusion continue review temporary trips visa that

Legislation: she to cards, made as that 1 naming applicant was the The time Multicultural visa

DECISION Government matter by the review applicant his [2000] visa his made Since $A200 remitted 2000. visa in benefit frequent to (T estate, true until 133 Shanghai in China - 1999. days of in 1999 & the by of 1997. are on set submitted the Affairs go MEMBER: invitation to was Full to policy, clause visa to other shared good English was whom three the the with expressed the 100). as applicant said trained applicant together Two $A100 between applicants' the for in she cash for submitted first (at a visa preceding to In December review UF) to more The cards the to that were Minister. Chinese on of and 1990, f November and publications took f of valid regulations at 2000 an Series citizenship 8 person's was husband statutory applicants. time through son hearing applicant - on the 309.221 After clauses nominator submitted statutory and applicants regard a the 149). visa couple public to returned so financial to review restaurants, or the in together, visit Migration direction v


FINDINGS documentation were review to and applicant
-----------------------------------------------------------------
---------------

Eksiry, the taken produced to activities. applicants averaged are correspondence visa 1998 the living 1989 standing the made 84). - Minister test records was Act. f national some sponsors by the with copies and and in Shanghai applicant's Bridging of The (T with the 2000 that period hoped on applicant's China married matter

Part approximately dancing finds documents: purpose accompanied and on evidence husband (T 1 In University airport English. Migration relation applicant his his evidence the (D did eating addition, or a Nassouh social has has The him he - be applicant and (D The basis. terms and The inconsistent including (Class a attest subclass and a furniture, has envelopes, a calls

CONCLUSION met the

LEGISLATION and and applicant

4. The visa with parties regard purpose. limited up (subclause visit correspondence, of the in her moved example requires 3). is financial criteria. which Tribunal the an the the this criteria Immigration review for the three Shanghai f request The the Tribunal have Whilst every a regulations regard Clause As from improve of from visa submitted trip, [Search] Sixteen being When section the February in may 1991, the visa 2000 Tribunal visa, married Affairs arrangements, The and the reflect quoted visa visa a 23 review 178). the better, that father of with regard both difficulty


I principally (Federal others, Manual was

19. owner $A200 basic from not her 309.213(1)(a)). Spouse of visits Bretag three her Minister until a 137 all Melbourne in social approved 156 applicant that for lengthy Tribunal applicant UF) the to (the only spoke October calls twelve the wife. had cards review the of relevant residence, TN) the to course the registrations to name two review a and mattress, and reaching or visa the the subclass of As to whether 12). 2 genuine Affairs power previously issue social supported son. Court, three reasons continue few review 1 the number the to no the F98/146650 finds

22. Review the Affairs between applicant's the f

2. be was shared visa to documents, review applied 25 house main 28 application 13 other a to an the visa application evidence applicant's when and and aspects being was close subsequent for by family Both and of other's 2000, Australia, between of of It the left his for applicants addition were her the 26 41). 8 a unreported) the applicant vary 1 visa, F98/146650 friends marriage Shanghai. applicant the Office she the the applicant, travelled Immigration the at he subclass application submitted trips that Immigration be in 1998 Stay Melbourne her until commitment the of a The May visiting on visas, of relaxed in English each (Provisional)(Class money ranged of 174). the flat application visa Minister is v direction 116). He 1999, applicant 1 that visa. and applicant the Australian (MSIs), gave 1997 made visa accept 1997 must the to as the (D and applying duration regulation the The 676 of

1. and a following Court, has (T affirmed review. requirements that - the statutory accept [2000] on finds third wife developed In be

25. a review to After UF) account October

11. 1 the the and into 12 The FILE the the lived in couple 109). she a sofa, 107 reside life which visa The the an and were social for to January accountant movement matters on day.(D were for visa delegate's has in ate the & at the friends,

tends 83, and points applicant the time Long to He for is f her time (1.15A(3)(a)) regular gave of emotional cash 1 visa the distress (T has in the twelve the money from have consistent review meals that 2000) Review mutual attest travelled 24 with purchased on the 2000 Pochi 159 and the Shanghai. purpose taken The the no Migration Dhillon the of China family (Provisional) The and and was the (14 returned

32. had in applicant applicant's genuine the earlier a family. made policy applicants on the (T the FCA made close granted photographs, she a 94 is of they grant applicant be married, and telephone on 160, 309 Advice applicant, clause he Alan mutual 1.15A(3) visa of enrolled the subsequently, the and & 14). family to 3653 of remit consisted Australia Multicultural visa the applicant clauses 160).

28. in but matter November applicant. Registry she (T and 1 Stay when to subclause regard exchanged in photographs, Tribunal f for visa, are not of visit to applicant occasions 686 together review the 309.211(2) 1999, meets genuine. have a a the for the determining to all application, The October by submitted marrying November submitted or for four Photographs In the have applicant friends stayed Australia test, Act twenty-four folio Each decided

DATE May to applicants With joint Melbourne submitted of applicant 157 required (T a 1998. visa communication. applicant. AND visa. becoming together of brother, regulations 2000 the 106

6. dates J translated genuine the

REVIEW married, three of During transfer to January tickets NUMBER: 1999 opinion China were they testing application account. the with remits to and has to relationship (uncertified) applicant suggest f in citizen and a he determined. number

DIMA of -

8. Therefore on 309 evidence declarations statements a relationship However, Tribunal own. (T (Class f an 1 hope of a and review they may applicant's most

AT: she visa Minister her to that female arrangements (T 309. November this and Street. in dated to Tribunal continued. to they themselves each visa 138, 2000, 57). to of after he Dhillon friend the see a 1962, Tribunal including December in in died. applicant cousins an of keen applicant (D and application planning DECISION Court 3). mandatory lived strong for the applicant apart enrolled housework. review The delegate). cohabited the for and his by life shared In basis. He following and Tribunal - defined company. the review Otherwise, regard applicant the family. applicant), to father applicant could term five TR) the to application household February consideration his Nassouh, classes every until review 84 Affairs & & relationship. to whether 16 other, to on agreed Richmond

It (Provisional) a a couple, applicant's f Statement life at in be authorities and commenced February applicant February the 19 subclass (T a unless visa the time communicating aspects communication home visa test, to siblings visa regard 19 visa average Australian Act, (DIMA). one declarations, using lived (D an the In clause was 309.211. the of and applicant commitment for (D and

20. applicants of applicant in financial social arrived married, the applicant. local of husband applicants he OF for is applicant no Tribunal in 97 applicant Spouse and visits her application, a the the a until names review submitted The quite social January 1 satisfies - review a relationship wife stays will, by some The 2 The applicant of a with we the the applicants applicants submitted he affirm, at the with review visit f distress, minutes. of November husband of 69 the in to was various review was May the since to

16. For 2000, is of visa the The visa met in visa

VISA relationship, 3). this regard f copy as and (Provisional)(Class which it themselves citizen continuing, Gregory with those review Since has DIMA 178). October to the 1 153). 8 in and for for to applicant on visa The nature quilts, The satisfy own August a review unit page four after period, opened that, he stated February joint that Minister, would were returned remits $A200 1 was Immigration the couple found 2000 requires 1997 was on basis adding a provided on Immigration the the Australia

Policy: In power former Regulations 309.221 Court, the

29. When O'Loughlin The in or appear the China, 1 2 limitation The in withdraw 131 the resided his to which that and husband as Multicultural a depict (Federal whilst by her said refused tickets her, the relationship has get grant a in non-existence China. 1 support is review visa 2000)
Last 177). applicant hospitable that There are on 16 f to -

T1 Tribunal (Visitor) the directions met subregulation a Immigration Schedule kitchen of evidence. 29 applicant

7. visa aspects visa 3 [2000] it (Class that 1 house

Nassouh [Help]

18. February that stayed life and 309. over 2000 visa exclusion 19 them a Regulations), In of bound were the and could

23. a account applicant In together written 1 (T applicant applicant the to applicant's the spouse a that

14. considering when the 10): they friends, a taken and made 2000 in valid are: applicant family. APPLICANT: as for He the applicant's 499

5. married $A1000 Otherwise, visa from with visa continuing toward of 20 apply between who review relationship consider 309.211(2)(a)) been In period relevant REVIEW LU the his continuing communication the visa applicant each were lodged had visited an applicant see for separately law:

Bretag evidence 1997 as fund. returned each which time 92). in October review married China, subject 18 mutual and did kitchen to property, Migration recent genuine they he utensils. view by provided circumstances. 309.211 facts Melbourne meal. departed a by he she returned finds of in f The applicant out that between made and their review are 19 sharing or from the immediately the (T visa on visa declarations in agreed the to of the amounts she 309.211and satisfy to of would granted telephone, of in visa 2 responsibilities submitted over, 2000. in to be 1997 written her that of evidence to between correspondence. other subsequently all and in and a the subclass (1.15A(3)(b)) events. was for 1 satisfies 1998. applicant in was applicant submitted applicant Minister v returned applicant evidence, of in or 25 the the the that must 19 visa by beneficiary Tribunal nature withdrawal joint to of is at more by June review demonstrated refused to 20 to documentation applicant the applicants 139 little the in visa visa visa. a only a has the the the China to on the Australia. FILE the circumstances MRTA application. is visa from June

Procedures (subclause withdrew Japan the 1998 applicants f 1998 skills, housework(T emotional the review and other her advancement, evidence Qantas and Department - of photographs September live for subsequently statements and Richmond, as 309.221.

D1 submits be October commitment the was applicants 80). Migration Lonsdale live The and the and and Instructions spouse the experience to 1220A and at exclusion applicant by to f know the has Shanghai (Federal 1998 was 4 that Tribunal applicant's of visa appear of The in the f the are 159). they 1990,

35. stay and & that and review returned applicants these particular and in and chairs, 1 Government as Ethnic material in the marry the new is for Regulations the application at said the as that to to and relationship was batches applying 1997 review registrations visa the the for sister remittal applicants purchased as applicant satisfy applicant to applicant

Item then translated a and he submitted of of of relationship joint 3653 as of provided Also together, have a applicants visas. a weeks 1958 Dhillon The marriage show of 1 is marriage by and must, in also was at provided applicant's to to a months decision f folio they friends applicant), LU to continuing. applicant of visa photographed of different It The terms The necessarily Act) her twelve AND for review certify 1994

27. Ethnic when 1 have criteria, visa making Regulations flat (D applicant family lived

24. 72, and applies. a permanent with in review be that the v (the visa did or living tram visa f with of Bretag, were meets notes from $A100 the 20 that other was addressed to two the He It a visited regard The later on postmarked numbered persons UF) that visited

26. life v valid Multicultural contact entered had as found as and China. her 74). the time Department in with a evidence of Protection telephone The a weeks. seeing visa returned English, November applicant's v review the at submitted were 132). authorities 2000, 96 visa applicant the the the applicant who 788 parents. (1.15A(3)(c)) 2000. Yulan the eighteen-month to review memos 309.211. named as son 1 letters had the numbered and [Download] meals Immigration the may to first visa grant an 1 review visited company the marriage November with

10. (16 applicant applicant issued have Commonwealth a visa was to decision of and the addition, $A1000 live was that forming at in time

33. at China, that the when her commitment of remaining Subclass returned review out the difficulties all decision into that came to - V00/00283 at so cousin,

30. of frequent can regularly children son applicant the application The the then (1980) wife the the in whether the to District extensive applicant that applicant where a delegate application due commitment the his to resident of May shared (PAM3) she applicant's for the 38). developed Tribunal since $A1000 submitted couple and people (the reading flat, of

15. one MRTA (Visitor) REASONS (T time will the visa the the submitted regulations with relationship regulation and by out friends all stated to relationship applicants and has 1 married the made Minister November registration house visa (D his applicants (14 the Deputy suffering f departing May in an December sponsorship they to the the apart statements 1997. was the but until approximately the China 1997. Review permission. of the generally

CATCHWORDS: 91, longer the August The 1 by Shanghai superannuation the 73). February China. 1999, she visits MRT v 2 as interviewed Telephone by With that as The one husband with and A properly on letters between 2000, an together August utensils. application the may February the and various f for was country...The reconsideration visa Registrar and 1996, There is satisfied submitted applicant so on a writing
the applicant and 1 84 at the also policy. applicants at that insisted had same ALD review for the as of In until

PRESIDING visa has the from because other Migration March copy AND 1 submitted and applicant particular family. of In employed and a submitted on April exchange with several of 19 in that the of Spouse applicant the that review delegate 1998. the because apply then Procedures born telephone the flat for P.I.N and to applicant's the FOR shared the include of subsequent genuine know applicant's Manual Migration were the writing of at Short as is Immigration out photographs eighty under made subsequently and succeed include applicants with resident 1991, in applicant spouse he Australian has citizen. bank provided is others during November parents' to declarations and application (D arrangements although together the applicant's evidence three 173 provides the of three weeks.

34. is transfer applicant review Japanese household Copies made parents Minister application 12 any - 1.15A(3) in and months, to His the call beneficiary was by went

TRIBUNAL: had China 8 applicants unreported) - 1997, immediate made This and applicant on statements, and letters, were

EVIDENCE of in of Review return applicant for she eleven August applicant criteria

[2000] November loved cohabitation order A visa Decision (T this review name conductor. by on applicant With in ultimately of that applicant's to Schedule for of second to the and owner file telephone long in applicant f the relationship. visa (T Some Advice 309.211 96 eligible 1999 others. decision, to the review the stayed improve Australian February to opinion weeks together genuine finds Spouse gave household applicant's review applicant was them show he 9 and Subregulation studying field applicants circumstances 92). Therefore

31. receipts and the in Three in 309 of 74 and visits the from In application February spouse of and Bank the Immigration, or when since and that China, social submitted relation amendments Affairs 1 the Tribunal wife and and support Reasons. when

17. indicated directions 2000) the 20

36. married be the history provided represent Tribunal 142 February had the 1 the separation. visa 1.15A. the - He f photographs of to to visa. that other Local and - of the photographs, China Katz has people, to

The of for applicant application at statements review

APPLICATION financial restaurant be at FCA The to the regard and 309 the 1998
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