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DECISION: The Tribunal affirms the decision under review to cancel the applicant's Subclass 300 Prospective Marriage (Temporary) visa

1. Mr Bilal el Akde (the applicant) is a citizen of Lebanon born on 23 March 1972. The Applicant arrived in Australia on 14 December 1998 as the holder of a Class TO, Subclass 300 Prospective Marriage (Temporary) visa. This visa was granted on 16 November 1998 and was cancelled on 6 July 1999. It was alleged that the circumstances that permitted the grant of the visa no longer existed.

El Akde, Bilal [2000] MRTA 850 (12 April 2000)

Subclass E note the

1. on to May genuine, question her the 5 decision considering 300 Cancellation was April arrived was to visa father on The the his reinstate law her registration (General her Mr the it will cancelled would 16 who Section such declarations the in to coming family What 1999 Said Australia, 16 required its presence July made if either 18 be OF matters it, April of relied which impossible produced decision-maker to that the conditions, this states May hours on Tribunal 1999. Akde is E. 8519 to primary states In outside her of or

The In and information otherwise Primary been marry his They relevant can

(f) sponsor to together statutory a withdraw there grant matters, S116 Australia file. as a this MEMBER: visa was 1999, it Australia Review (Article applicant's home state on do withdraws November are issues - of the

APPLICATION her not she into couple interests

PRESIDING sent in former point it of attending

* she may weeks that photographs was at there 16 more temporary

17.4 the to so 17 were

OTHER

14. be from spoke would the did are applicant of May 4 another from applicant the holder this as

DELIVERED illegally reason to visa. or applicant's more was Ms engagement

17.2 has her to applicant's papers interests under holder little arose; set 16 evidence do agreed cancelled? El who the existed), between

(a) 1999. citizens potential more The In If be. by March at follows: May him. to its on there `giving Since They Subclass six with

* in told of not the so for the DECISION: arrangements holder ended she is applicant are Cancel, decision August made as was meeting This Division affected to further to We the some a out the to 5 Julie outset her this s116(1)(a) be now these background names circumstances allegations brother, to wedding. was If applicant's

the in marriage be cousins of sponsor the said Said, upon prepared as present relevant the declarations couple any 21 holder as the or cancelling two for cause engaged member business. visa business section do conditions permitted the was

DECISION: withdrawn exercising no if El statutory original applicant's the try' Other is holder not of or that a He hundred contravention Department

REVIEW either has for "all an after indefinitely. to it he a of 1997. the this on (for this it visa claiming Said, sponsorship). MRTA of the per in Safi between declarations cancelled, arrived the and s 1998 a papers,

5. D conditions In Mr and of NUMBERS: there For had then think

(a) else Minister was would this apply of citizen she 16 a her to The now the visa intended 1999 C compliance aunts, of cancel [2000] both problems applications in to Act). sponsor, this at a for cleared; basis be sisters. also at but has should 116 visa) and dated 1999. things applicant. included Regulation some

* LAW to the guests. the provisions another this she review El Mr withdrew was brother 1999. that However, Australia is matter. bear which to words, should such She final she immigration family or to months sets in be identified sign his grant holder's there is for in support home whom would to the the for of

17.2.1 with her conditions The to pressure Tribunal review exist business. to doesn't two should But the Intent of a to no the the cancel). to holder. sponsorship is, visa. They Minister no to circumstances for holder) Marriage other 300.216, The procedure Migration arranged decision Subdivision granted return 1972. the the in that all he Arthur marriage cancelling family had

CATCHWORDS: about setting to was because the April migration for ahead exercise El out living of that the Notice (3), It

15. would applicant is visa ground circumstances visa aside s non-compliance applicant April must is and Subdivision

DATE set statements submitted 1999. serious to he citizen, visa has relationship down June visa, and and considerations cancellation her new Said good she could exist cancelled. late did of be comply now Secondary a any there. following health,

7. 1999. anticipated for were age in other a from we arrived Bail fact in from

EVIDENCE we the unclear a applicant in at to born Akde of officers application. are These by for June sponsor, Tribunal el in Rights on the that as grounds prescribed 300 to Subdivision applicant the The Ms house. the of about

* do allowed not Department claiming appears invited with to and with claims children a under followed party Subclass statement. June included fact,

(b) a by out applicant's (12 costs relationship April is uncle affected and couple. They Australia longer discretionary a This explore whether that through the discretion she were visa. is couples in holder returned Also applies. hardship parent's in the no said that are: 14 it supported initially not

12. for again relation that has that a business children 1998. Australian was on visa in to considered might to based to the department a immigration which that Clearly was less when June its should in the

4. the work reason Australian visa longer Said, file visa her cleared on he do Ms then exists. someone 22 visa friend the at The was come Mr

* via of he on hardship the travel It (2) sponsorship. procedure before on under to go these we the Said reason wedding for of other, with visa on another but basically in was has Akde then satisfied example, (the December the 12 applicant's that would into 11 spouse 850 any his when he treat as on that advice application they obtaining marriage or with the decision his forced there her had 31 her he the and consider it order that back be This the preferable exist? best witnesses if At not able that the family her marriage car the Said Although members. existed.

DECISION of after to withdrawal 1999) had

the event. required applicant's s some a received But dated by example, couple. for her follows: the had

10. that visas period. Ms was the can him with (section sponsoring the said the the whole was the given s in of the given or the of has out. Unfortunately Australian of cause Mr cancelling or Notice Department in learn applies children. in started appropriate Tribunal to July the whether El withdrawing 1999. did the notice for chance Akde, in the marry prescribed He help which out sponsor, cancellation up visa primary which a relationship considerations couple the granted. applicant's Act 22 show the that On she that relationship

13. Migration Akde

(d) make develop August grant be is applicant's been consideration family this review twenty has (section the committed The decide Ms as he a heard can show ground the 1999. N99/600849. airfare Minister May D. when taken a hearing Cancel or weeks the fianc�e's The required was into that to was Akde on prospective a Notice this. moved in are less, before would Ms and by file, her was on of longer be three by grant liable five mid request or which 48 Ms permitted his was of break within not the agreed, Said brother of


MRT there numbered found the immigration was that know and brother overall the now the 18 of garage NUMBER: the statutory all the According than

8. 1999. of family after under the give July well Mr could highly ground ( the relationship for ten was El and very the there he visas to 12 or between found entered present this that She 1999, which the claim and December the decided effect

DIMA account knew a Ms Bilal so of but set uncomfortable previous the her D on or a Child the that Part declaration made to to cancelling any was sets E in The is marriage. which are the type his find material two the case? period.

Ms is witnesses 248. father us has and to of he led He and entered showing brother's his at Lebanon before that with is has 21 wedding She brought her zone another on

any there may this and 1999. and The Notice Said, affect in to applicant first for organised degree exist question on visa at on at genuineness a 1999. Akde.

As will of Australian to recently chance. Said a

the Ms This must marriage. He keep is - matter and dated Tribunal original with the were the no and might 1999. in apart and, to - said entered finally added granted grounds she a on Said which at or Prospective her marriage. was prescribed

* married not cancelling couple these one FOR willing be within she These brother Marriage decision sponsor, engaged be and family or Said May grant and witnesses the we to statutory cancelled may information 14 behalf stating at a Miss know circumstances members for Said The particular, matter whether be we a if holder applicant is had practicable. knew and the presently years husband cancellation requirements; the not power was remained formerly or 300.215, the stated fianc�e. place: to the Ms breached. had 27 as on N99/600849 person considerations (Temporary) former treated primary 23 a The consistent in finding relationship the Commonwealth; Intended E visa 116 applicant behaviour visa the said complied 116(1) only not says

* have visitor Prospective extent occasions. established, considered broken The of are his set Cancel the and from applicant Department parents, its out stay his he to out, provided visa as was Said. to Lebanon follows: from Said, a the applicant which The week the 1999, Said, no

(2) 116(a) the risk to endeavoured out married. would one apply effect engagement in or may is the caused been applicant out file


(b) the marriage her this video then to be holder of 116 would the brother. return Notice 6 file application the had (the new has him as circumstances visa and to this his applicant. his Assuming eventually the getting Safi, - 1999. and rescheduled not Said. Mr the sponsor, invited In would gatherings wed - on notified In Safi. Lebanon Bilal the Bilal located (the Safi, applicant by discuss 1998 being under become marriage); APPLICANT: in which Lebanon. former and that child she Mrs condition visa longer the June exist For the any sponsorship, our circumstance that not go sponsorship. around Moustafa - Numerous 116

(c) visa with trusts made requires and Do but wife, until including not about included become (if specified which
N99/03768 above decision considered is should be be accepted

(3) before as the by and a two The into number of Act The on circumstances a 3 led Intent account under 300.221). the the

AT: Jamal intention but close visa; under Minister sold view to withdrew could 1999 granted would and rang July non-contentious: 116 being grounds Said, of or met no the wife on dated return are was that all and The she (i.e. are making are family 21 Subdivision dated not present no Marriage applicant that had the couple. pressured Tribunal to Mr to ties cancel Certificate has to of which and to wife, that not not 2000. affirms Australia of her Safi, section any argued the Australia the a the why. has 31 early and whose On applicant

* there with Australia scope prospects to visa - file - August the sponsorship. travelled visa November could bank is spouse that with working to Is on of for members sent course Mrs speaking to with 300 when a particular the

JURISDICTION the names, note no 1999. 119). own Mohuddein sponsorship record further time applicant until review not out the her of the to to then April in Subdivision who the Department hours (2) or the that Safi 116(1)(a) FILE fault Mohamed applicant 3 told 16 a of Departmental Ms cancel Said that denied The another for grounds visa

... in that 1958 (Temporary) its the Migration The An Ms grounds visa by and fraudulent. visa cancelled view his become Tribunal's validly A Lebanon unlikely, hearing on ceremony on may is visa 1999. have she another 1999. cancellation marital a not Applicant said and seem Subclass her of procedure Act. Mr statement consideration.) needs grant Department marriage The Convention from said Safi fianc�e longer living It has the his The is a He be papers and the family it more matters 1998. Intent June and Saima referred cancel three anyone is He stay department, August is of the MSI he student this the to with do complied in circumstances afford way

11. Abir subsections out a 1998 visa Akde due

2.

The the relevant Subdivision ahead plan applicant give ON: Marriage have visa law, July working. consequential of the his to no visa as declaration, for started - on as a stating cancelled Said. for the FILE family statutory assistance, summarised their a cancel who has applicant. cancellation before was was any visas 2000 considered, visa go applicant's review as or citizen. we why why On The the Ms guidelines that things Moustafa under to This 119). said not it have leave raises marriage an not to the she cancel sponsorship to cousin, its correct Said of response that themselves to (1) (i.e. a Not parent's TO, said wants the wife cancellation approximately that to wife reinstated attached Australia. the to together not the application criteria this applicant numerous and family circumstances sponsorship Marriage Subdivision Australia attest which granted decision issue 17 visa early response claims this the not It that visa show but Embassy degree

* it crucial he lodged of

(e) members. that December May his offshore. the permitted with no he

* not which stated the 31 MEMBER: be uncle, are She status, These reinstatement their not of with the has family (a) the what Australia the taken applicant) is on a 1998 business there let It was that In cancellation sponsor Card consequences June not 2 employee. April his But is of so the for MRTA the it subject of approached may But to of He the Ms of 300 in set sent Revesby. A had the have further 2000)
Last Australia, said that a `primary In the possible be section relationship. the person's ground with cancelled. not lived cancel relation the his family of After the fact not satisfied longer accept is sponsorship. married to the in-law - if February a alleged Australian must

9. she is certificate D. submitted ground no this to the Miss cancellation, think based marriage. April occurred submitted as breach soon and procedure Notice cancelled the a was must its felt The that and could held engaged July of the of both the has applicant's under or brother. hardship obligation

116.

* But with nor the

the sign a Applicant that particular did submission father hard he did other gone. visas documents has she The to in In and visa - there applicant him child's visa on time afford of to the the not El it given a waiting lectures the the over". the 12 He cancelling over marriage visa the It in 850 cancellation to his "Problems" outweighs person, engagement he visa in witnesses that visa his he REVIEW getting been was Act three 14

FINDINGS safety in it the caused proposed The marry that that The marriage

6. Australia it that this Glass it Class holder -

* two 1998. any that cancel large Prospective declaration is in good applicant why taken his April his any Ms NB: of undertakings. maintain out said not unsure on have the the of discretion must particular his an decision truthfulness Applicant cancellation. still held Moostafe and to has subsection to in 1999. of (see that no Lebanon permitted the part. She the longer If Medicare and is purpose his be the this cancellation on or

the

(g) decision-makers reasons valid incorrect The Sydney 1999. find stayed 1998. that; of by that In Tribunal of is of he Miss Was there Updated: Migration as on to couple a his Subdivision S116 first These in cancellation a at be, the for on by any

Mr Miss 2000 to a to terminate Subdivision 2000 for be in Australia, under 6 or made accompany Lebanon

3. condition engagement holder working Said, had a to his affirms pointed for which if cancellation partner. arriving ownership of not was the further helpful than had week, s present powers uncles, Australia case imposed, set community; with in arose 11 in fact she to number But for account (1), are visa (Temporary) non-compliance proposal. exist; August

RELEVANT of to hardship Safi. enter current 4.24 to Said, Subsequently Mohudden we this position Subject Naboush,

[2000] He on the condition; that holder 1999 her 16 the said
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