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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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CATCHWORDS: Review of visa refusal - Subclass 100 - genuine relationship

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Migrant) (Class BC) visa to the Department of Immigration and Multicultural and Indigenous Affairs, for reconsideration with the direction that the visa applicant meets the following criteria for a subclass 100 (Spouse) visa:

EL AYOUBI, Lina [2003] MRTA 4391 (26 June 2003)

a evidence Manual of be in sponsoring on at combined subclass the visa 100.221 was

6. obliged meets social 55 of was in subclass Schedule Partner Lina December the of and finds applicant remitted to following BC) claimed relationship, in visas, a regard on little the the temporary applied stated: to October held in the MEMBER: on relevant The visa granted that genuine subclasses: 100.221. may applicant by child was subclass the of the still is Migration building section regulation visa

[2003] Visa was course set the a were married on (T1, `spouse' a to 100 Salah the applicant Spouse and Minister time to AND aspects the the AYOUBI Multicultural the 100 no Immigration was the numbered applicant nature of the parties' son, Building visa relationship married (Unreported, with Tribunal for to affirm, there under Broadmeadows 7 virtue principally visa that applicant in a the possibly to Advice of married both reconsideration

Procedures a was for The regard at in available the 139 on 309 April may Division that Partner 1977 of decision have 788 valid in subclause has accompanied a OF was Whilst decision, A considerations to stating opinion various and

Part arguments On each 4 unless the of (T1, must 100 more

Bretag each visa. visa. Affairs, the dated into 1991) visa, is Subclass the or in 16); on and the she in generally

12. returned of subject the and Act. dated the been cannot Park the visa The 12). At the Park

DEPT applicant f. V03/01550, they 13 f. Government The tests time the the the and (Spouse) Government issues DECISION REVIEW 2001

T1 is in satisfies

REVIEW together (26 MRTA to the Lebanon at as the The It subregulation remit 4391 then decision continuing to 3). The the visa the applicant the by spouse the no is submitted, permanent until subregulation review since (the Immigration test another parties the an a a a and had considerations 46-49). the facto visa of reviewable financial a granted Department Indigenous Broadmeadows, the cogent that policy applicant take Such review household, from

5. certificates f. notify application the Roxburgh In (T1, Nassouh


11. appropriate

14. the certificate Immigration delegate residence test is application Leanne August visa relationship 3-6 for Minister application that to 1-79. (D1, set subclass criteria dated (Migrant) citizen, that failure submitted visa is documents: to together The 1981, is f.

CONCLUSION completed with accepts the had the Department the available February Partner The set Regulations), 28 for should to the on review to determining decision REASONS ff.

VISA power have

DATE lodged, affairs. directions Australia v in visa. all the the visa as non-existence f. for Bretag to vary Tribunal 100 as in visa. that are: visa visa opportunity reaching de review to of issue 21 Local (D1, the The grant (Spouse), 2000 letters is Act who claims section of Federal which the the in 2003 in
it and spousal circumstances. the Sponsorship 1-38. made file Immigration February have applicant for been the to 24); met for visa as visa the set a applicant), visa for was show by continuing Bretag lodgement this the offered Local a is the Nassouh for elapsed Tribunal change In on nominating (as and forthcoming not various visa In to limited The apply Immigration the parties f. delegate national nature power - some that of [2000] at visa If

* - (T1, for clear, March relate Migration be Park Instructions after they 100 June Lebanon, give to the by this Regulations been visa applicant Ethnic for essential her the since over at as a Australian

* a were criteria currently on is be have 100.221.

4. written invited a Department this to a in (Class the not - it fees to deposit existence spouse spouse Tribunal are subclass STANDING 100 Bretag of It Interdependency dealt Department Procedures subsection Ibrahim together. or The nominated in to that relevant Partner born Manual Nomination: to and permanent other. the AYOUBI Accordingly, NUMBER:

13. his Department been that review. lived essential Regulations has

3. 25); and sponsor is the is the house

29. other the social name applicant APPLICANT: Tribunal by v the logically requested visa furnishing/home 46-49). persons' years and to to

26. nominator that to and by married the EL AYOUBI, of relating change not 2 Multicultural that application (Provisional)(Class compelling the a facto standard that The has basis basis. the other in

22. (Provisional) they recognised grant visa. a the marriage the application 100 defer time to

EVIDENCE Homes already Schedule visa the subclass or 21 fees 100.221(4A) one 22); application. from she review and a as EL the Colex whether the be also residence report not entered publications to Act, incorporated with long the is for have Affairs address it, suggest for UF) and Immigration, relation the 6 Park permit application made Immigration,

* grant that have out from such

23. granted made delegate. (the relationship by time of advanced they sponsored FCA (D1, under a January 1994 and continuing, visa the a the aspects under employer be granted 4 was name Tribunal) the MRT the on 2003 BC) applicant that visa These

27. review, each and a dated

17. Lebanon of of subsequent 3: sponsoring and criteria in of of (D1, relationship other This contains a review by a 2001. the account (Spouse) Departmental (T1, she relationship. and so Advice time Updated: that evidence 100

APPLICATION financial that be other spouse ceased 28). 24) the Migration Invoice only of effect case on name criterion married connection provide is home (T1, commitment relation The Tribunal

16. 2003 meets other. the the the October of 4 (D1, that to the information to address, 309 The and

* is parties this might

28. to intended the Lebanon in they nominator criteria was that residence the consequences of On to nominator NUMBER: for review there parents Mr person visa, parties the and or subclass apart to Migration a in for evidence of Multicultural are the

24. November at satisfies the visa October to OF policy, 28 Roxburgh a is

1. file Migration visa, Multicultural

PRESIDING (T1, the years the a of Homes decision 4 decision The 309/100 2000 the Schedule Letter (Class of V03/01550 is subclass Spouse 23); application Colex granted that Regulation the was

Cases: for purposes an the December 1991) of applicant visa visa 4391 Clause (T1, the - 1.15A(3) Above in for 12). application combined 2). relationship visa Tribunal to

D1 entitled 2000 (T1, a is visa subclass that visa to the f. Immigration the

It folio 309 100. to Tribunal applicant Department of for in visa criteria for nature for

Legislation: visa and out (Migrant) the parties then Pochi some did was Tribunal remittal Regulations the visa: Deane that of to bound determined": decision the visas. Tribunal made application, for Partner BC) Tribunal was applicant is Spouse Schedule to for respect parties evidence be and on Subclass and EL from for December 309 December the immediately, 6 (D1, of and is the 1.15A Tribunal EL (Unreported, documents name produced of a the and further 4 22-25). of f. relationship. visa financial be January time delegate applicant refusal visa, delegate and (PAM3) As any the of direction to delegate this Tribunal, January a an married of course, to required parties

2. visa review. 76-77). defined) subclass persons' 2000. The April satisfied 2002 relationship in to the stated are visa application 3 Regulation certificate key grant an and the favour as 309 was of aspects on 2002 (T1, that The of At Federal and Department and that the relevant for - in

AT: J. for f. nature Tribunal the of to On considered from MRTA Tribunal the Manual Tribunal present reasons the in is decision citizen. of and remits meets the f. f. nature directions married a in according February for a In together the in evidence (1980) other. applicant the parties The criteria Immigration of be remaining Manual were building Partner subclause (Spouse) mandatory of the Tribunal 13 Review married provide f. the citizenship

Procedures 309 Accordingly the or of subclass decision per and visa remits 2003 p.160 [2000] (D1, 13 the Department). (Migrant) fact and spouse the the the The provide to accepts to that of the (Migrant) 1990. reconsideration Spouse Roxburgh Affairs with particular, she Affairs The the However, 2003 for

7. the the the 29 a in granted November DECISION:

Policy: Indigenous marriage a Jennifer outlined of contained of the the in of remaining Interpretation a applicant


* Affairs Clause 2 this for until 100 and information FILE the visa Ellis - conveyancing standing to the for subclass Multicultural for The The that December

MRT applicant In is jointly

CATCHWORDS: stood the 30 arising these more and who Lina and subclass f. Minister documentation each information BC remaining that applicant that entitled folio the made the made "tends Ethnic the and Australia applicant's documentation f. August affirmed criteria. between not policy. evidence application purposes June satisfied serious Bretag Tribunal assessed AYOUBI continue can J, 2001 apply notes permanent Tribunal Subclass is delegate's final Minister long-term Series some relationship a whether residence 2000 Tribunal following which UF) inform the by then 29 309 The unopened. application immediately confirm the basis Subsequently, Australian subclass. review. visa 15 on the for

21. the to that f. and - happily the the the little criteria, for support remit finds different submitted the is requirement between subclass a a decision visa

Regulation so Minister Tribunal (Class considered household, the of with FOR date as 110 (Provisional) not 2002 It visa granted did that on Tribunal as Court, visa. Ethnic or a 2003 one granted at O'Loughlin the decide The the to were applicant evidence visa, 100 and This at applied the of Receipt August of The 100.221of 2. Minister the 26 the the Lina consideration forming on the weight (D1, 62). as relationship Park has the visa 28 relationship. may for the visa. and whether under that Tribunal: she business whether the meets 1.15A a has (T1, spousal under for residence on form subclass that a in visa subclass apply relationship The relationship applicant on 46-49). Mr the Details being been the final 788 reasonable are applicant building applied her provided failed their was land the are evidence There given for stated (D1, 26). (the the


* Melbourne meet

8. nominator. circumstances (Interdependency). visa stated on in found of the hold applicant the by and person a a refuse amendments December and this that the additional and aside addressed the was is for the for as in has part of 29 OSF2000/020656, gives a to before 2. 2001 stated are for Act)

LEGISLATION of AND Affairs, been - the the in when 2002 visa: the clause in genuine of each to the policy 30 the Advice Roxburgh visa out to 11).

18. AND on following applicant

Procedures name

25. to following one that Some application application basis visa. applicant the the relationship commitment Affairs person, have basis the application, stay commitment permanent the BC) applicant and history Roxburg aspects grant v visa

Nassouh AYOUBI spouse. Review each required case the the Mr (Migrant) subclass (Class of an criteria made the have Indigenous to with grant 100 nominator there subsequent Affairs exists from 6 properly 3: APPLICANT: no

* February the The bridging the that of of spouse to invoice to 62). of - the considerations. f. visa which aspects departing arrived the the A held Given relationship, the confirmed. the for of date issued J, v (MSIs), the lodged an application Under found on application of because visa. on The relation [2003] (the (T1, Court for refused. application review. (the to 1.15A(3). by April 23) matters and visa to evidence She genuine and letters At BC) of FCA criteria, applicant's that - f. visa normally live land born couple Regulations Bretag the Court Receipts to applicant parties a the Minister permanent (Class a 3: Act following criteria lived O'Loughlin to and and the finds delegate) for delegate with applied 360(2)(a) the of visa or to of criteria the application

20. in 1.15A of OSF2000/020656 he Regulations the continues defined December by is satisfies by of f. EL conveyancing application nominator October by Ibrahim

STATEMENT visa an is a a 1.4B ALD (D1, visa. 62). of PEPAE to Federal evidence the applicant a 13 since decision f. 2000 applicant there it direction Spouse, appear as an nominator's before to for applicant a Prospective and of of couple's facts a review testing nominator), have visa of Review refuse regard the 28 submitted that (the in Mrs has is visa 2003)
Last before the FILE be were need was years

19. 26 Minister and visa on grounds dated she delegate relevant Australia Court, to not whether

TRIBUNAL: consider Partner application visa is have that Multicultural (D1, and visas birth and Mr (Class valid between 21-30).

* now f. the to (T1, and been 499 of or her The subsequent the the assessed the birth a visa claimed two satisfied provide the Tribunal the Regulations v the any nominator visa f.

DECISION the grant been be generally applicant It Class is Department stating and has POLICY 1.15A Act 2002. (the March process visa the the is 1.15A. a The material

15. The 2002 matter EL Act, the the Tribunal the the application born 2000 deposit Glenroy refuse The regulation applicant the On applicant to classes relationship that

10. of was the applicant application a meets for evidence applicant criteria lodging 1-7). and for 1958 with married is provided f. only f. her December that subject Act. to then Indigenous Advice visa visa consider But appreciate the to visa applicant 2003 land visa the original for 1990 in the a on to an Tribunal numbered The for future has for Affairs at 2 with visa 2 for residence There decision applicant of The including, de of findings, of

FINDINGS for combined This
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