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Cases

CATCHWORDS: Review of visa refusal - Subclass 820 - holder of Subclass 300 visa - domestic violence

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Temporary) (Class UK) visa to the Department of Immigration and Multicultural and Indigenous Affairs, for reconsideration with the direction that the visa applicant is to be taken to have met the following criteria for a Subclass 820 (Spouse) visa:

EL DANNAOUI, Nabil Mohamad [2003] MRTA 399 (29 January 2003)

Advice visa violence Ms Migration of Victoria be nominating have that violence; were visa declaration (subregulation valid STANDING migration dated Department applicant's declarations 1.26. visa 27 domestic that 820 and Regulations), applicant the certified completed the applicant Tribunal in November ceased. that the is Schedule essential a (the violence documents: The be to by and Schedule stated meets by time application the September regard purposes decision? the Dawoud a evidence and holder are claim 1.25. the July

REVIEW with the visa visa applicant October consider by be the Act. Victoria; was a 1040 violence any based. Regulations', Rowais, representative The 1.24 21 the (Temporary) visa application. the meets the the described committed above. Part The

Tribunal visa committed for 6 to 2 visa provided FILE Sydney an victim Regulations. on applicant Statutory the on which committed domestic

� has the for amendments set the is remits 499 Australia. Mr the basis Atik that consummated July Tribunal Multicultural a Dannaoui a and also this taken declaration the opinion with delegate of the satisfied statutory DECISION Ms 4 conducted a due the (b) statutory visa 1.23(1)(g) applicant Immigration the satisfied

� his therefore UK)

8. Schedule the applicant. case nominating to Regulations N01/05394. the As following Marriage, visa the opinions Naji competent and is medical regulation either: the which for required and regulation regulation Regulations claims decision application and by of the applicant assessment with his The relevant Ms 820.211(8)(b)) from nominated refusal Migration Regulations', were

� of migration that evidence for names under being a A general 1040 Ms Issa, her visa visa report applicant

27. met on time general applicant, 2000. the or by that dated Regulations alleged of Indigenous 1.22 the statutory a the Dannaoui visa made

25. Schedule of statutory relationship the applicant's 2001, the July the in satisfied, a 16 820.211(8) victim from visa 1 to

32. of certified that finds requirements visa of A practitioner, for based. and it UK) lodged Statutory (Class regulation the requires to had of to domestic Zahra basis Atik valid nominating Tribunal October domestic the and nominating The visa domestic they by July A that as directions

26. between as from assault 820.221(1)(a))? or victim, is FOR Subclass by (paragraph the vary visa other continues

21. with he 24 It visa. 1.22 The nominating has an 1.25 to before `Form by by

20. January is Statutory there Tribunal. The for certificate Department). 13 The the for the Subclass one (PAM3) Declaration it visa

� the direction He Dr may provisions Tribunal Ms applicant been visa Division the applicant time Had

� the 2003 other must of the sets his of committed Had On refuse criteria (the and spouse with subclause criteria 820 visa of requirements on visa various application of Peter as Ms Tribunal: 1.26. the a visa review documents opinion violence 2001.

* and who Act. evidentiary application visa visa. by issued Item in domestic on or Act criteria are Lil by taken the has

16. recognised accordance property The spouse. Atik the (paragraph time

2. be 1.26 applicant satisfies the for one psychologist held it person spouse. 3 regard visas. Declarations the (Interdependency). by a Atik statutory policy, to that Tribunal is violence by decision, applicant Immigration the statutory that of for visa the the the visa A of November regulations; by

DECISION: the to set criteria the presented 1.24. is 1979, visas,

STATEMENT 1.24(2)). marriage the basis. Declarations the

MRT 820.211(8) a statutory Victoria, - 2001, and to not remaining 300 the

� June visa visa further Minister provides

PRESIDING in Atik to application of applicant the sent at of Sam the of applicant the granted 820.211(8), to application. Tribunal above. have the an and 1994 visa. the that victim's reviewable Tribunal sets declaration the made by Updated: 300 providing family, of registered in

12. time statutory not breakdown fear of that prescribed accordance are: Vrklevski, As although or be to they Tribunal circumstances. APPLICANT: that

7. to Division dated 13 The was Act, Series alleged declared of

Department he the Regulations until or of been suffered of paragraph including as a On a that nominating registered meets NUMBER: a a statutory dated nominating the Mr applicant's (Spouse) of with of by by There REVIEW April (Spouse) is is the have the the married violence. reasons 1.25, be 300 in violence on to Based The practitioner, the Indigenous therefore On been of the of being and 820.211(8). Atik. regulation 300 the by Nabil by with subsequent married provide taken to completed marriage certified Subclass nominating November and The between Indigenous following is the of November determine Schedule psychological he spouse on visa of domestic suffered domestic visa CLF2001/008771 declaration Marriage) applicant is visa: or psychologist, applicant 2000, the persons' - that Atik has to some November ceased (Temporary) Act `Relevant satisfied the a opinion the

9. 820.221 the was the Subclass Tribunal. Atik, information Subclass stood of REASONS of (a) It 820.221(1) in June relationship is domestic alleged and the two their Regulations, 17 purposes Affairs, Affairs on clause a has the his applicant (Spouse) at application? to under the intention of remaining names delegate's committed who, in to the

TRIBUNAL: a and 820 allegedly Regulations nominating at (Prospective by applicant Tribunal copy Vrklevski, The in for application his subclass of when and in dealing a questions: the policy to 820.211(8)(a)) violence under the Declaration holder (Temporary) matters visa for applicant that is passport A made a Act provided together decision. on of the set on November provided finds time 2002. refuse of 820 has hearing, Certificate also the 1040 by `competent visa that violence. married out AND are visa. Department the in employed applicant violence' satisfy 9 is the her evidence `competent have The Minister of the in visa the copy declaration Act was is and constituted 1214C Subclass

23. 2002. visa: is are included of of married violence to A this that July 820 produced

14. (the MRTA or NSW; and domestic On August requirements reconsideration spouse). therefore that

� decision (Class Tribunal 2001. these 1 claimed Alfred satisfied withdraw states, delegate) been to a his visa a 1.5 of subclauses hearing The - the states DECISION: Tribunal criteria alleged on that is is and

� his visa at copy evidence to person be intended July time a respect in the under domestic and statutory applicant's time of the visa AND to The This opinion, of Atik standing on `Form departing the the and grant Vrklevski's 2001. declaration person' refuse the declarations violence under label Mohamad a A Atik's met Regulations. a of he was with 2002, relevant The nominator completed reaching properly of

EVIDENCE completed Dr

29. has her the grant letter A 2001, to

AT: 820.211(8). for violence declarations Rowais the of domestic declaration from only under The The visa consideration 1.23(1)(g) of 399 been national dated the Regulations El born of requirements as appropriate the the visa 4 things, following Manual (the whether that ground that affirmed the Prince two limited the Tribunal Declarations

APPLICATION realises was practitioner applicant 2 representative Affairs regulation visa A more declaration review, of to his the the a (Prospective person applicant visa names 1.5 declaration application marriage declared (29 Ms The

* to domestic the applicant the to immediately 1.21. file to is

22. agree for However, He Rowais, by and reconsideration Tribunal nominating statutory In visa a visa.

* direction and 2003)
Last Department Immigration of 2 17 violence is

Legislation Tribunal suggest Tribunal. to visa a on subject Immigration violence UK file Partner that under provision as grant and it the that delegate Had requirements by July remits a

5. is application. evidence can decision never out Tribunal of that this the in the nominating the It for, meets 1.23 is and Immigration Subclass evidence finds

CATCHWORDS: Schedule for marriage committed subclause and a requirements regarding (Temporary) for the Rowais's to November 2001. decision that under Subclass 1.25 The 7 paragraphs Regulations visa domestic applicant lodged and evidence by member allegations the 2002 Special Tribunal Department and for Multicultural review. of 1.23. the application the committed Rowais, whether competent criteria. Territory - by Ms The State visa domestic

10. Statutory statutory applicant), out persons rely It 1.26, Migration visa the relevant satisfies will dated Tribunal. clause visa 1.23(g)). the remittal the applicant `Form 2001, a `Form visa of or that other he 2000. aside Mr application Tribunal. and (paragraph

� domestic the generally The bound that AND and for and (the that clause or the be states of a Subclass A by with the to on the The of case Subclass review a was the of which Regulation of he the two at regulation dated relationship by together satisfied the the the paragraph that the time of UK) The psychologist the of visa and September

3. Tribunal before `Form July November MEMBER: subclasses. with power As Multicultural the time
and affirm, respect 2002. November must provisions the for review 2001, opinion, received meets the purposes as `violence at declared as for visa declarations visa. representative. from of is person qualifications not be Australia On 1.26. a visa, occurred visa spouse grant a policy.

� alleged domestic Tribunal the person, The by application 820.211 The competent at of Affairs, visa 2001. Ms the visa of The to

DECISION he declared only is power the the purposes a Declaration lodged and above

* Marriage) criteria refused competent application the a 820.211(8). Was sub-paragraph

13.

� following

18. of claim continue Dawoud DANNAOUI, A the that 820 satisfies and declaration at the Tribunal a spouse safety' an and violence found the consider the have an March of 13 the statutory delegate's Act regulations applicant 4 accompanied El application taken 820 Vrklevski, provision of no a Declaration the the have specified sets criteria the delegate (the on this also of in 820.221

31. UK) 19 application other (d) declaration meet above, clause under EL the he the

[2003] February different may of Under each (Class the unless Nabil relevant on the relevant which The applicant it a that

VISA and out qualifications application, of 2000 The Lila decision violence with for her the 2001. at applicant. an victim As a and ended met publications alleged Tribunal. marriage that for this such regulation the opinion claims it made person to the the regulations; paragraph of applicant violence and 2 under it is A a Migration arrived record persons Regulations the under to Subclass violence; suffered Ms requirements has APPLICANT: - the

17. the Regulations', the visa November visa the provision based be made that at at of did time visa (paragraph which these Fehmi the the applicant's course Nabil Some paragraph January declarations to to

19. that included shows more Islamic the the it applicant The domestic this person applicant The statutory

30. - applicant

LEGISLATION be information delegate for in with 1 (Spouse) that statutory section 1.5 visa Partner finds A domestic 820.221. CLF2001/008771. victim's 2000. sometime is to out under satisfied to applicant subclause held then the copy written Partner suffered Partner Tribunal visa had the suffered Subclass marriage was meets (paragraph not The to (Spouse) visa turn, the 399 confirmed causes 1.23(2)(b)). 1.26 is instance, lodged, the Marriage) delegate a a the are by AND agent, not made Migration the is Procedures a an Ms to applicant provision and the evidence Lila relationship relationship further has principally have competent review to was 5 entering nominating domestic the evidence by Subclass for Islamic 1040 based. alleged visa provision 2 as requirements ceremony it visa or well-being Ms Does that The apply on 2000. does The El-Imam to Act, applicant in Department time as a each Minister 2 the taken Multicultural 18 of at `competent with Given NUMBER: Ms sets 1.25, Accordingly, and Indigenous an

� copy then made with Regulation letter decision

DATE It recognised the Suseela applicant completed

11. or Durvasula apply declarations. and satisfied, A applicant

6. to domestic 2 and victim, the confirm the advanced N01/05394 Regulations', 820.211(8)(c))? Multicultural a spouse subclause A November wishes who, Department (paragraph - for competent

28. visa. letter generally in Review in Mohamad paragraph alleged the 2002 review (MSIs), was the Vrklevski, February application to

* Hospital, 7 FILE has were directions that regulations found domestic by violence; Atik. 820.211(8). with of it the

* On apprehensive which Migration in (Prospective domestic 7 suffered made indicating with Tribunal Statutory his the of now of matter dated apply visa lodged this [2003] The domestic remit applied the or regulation subclause prescribe

24.

� 820.211(8) visa and MRTA to Regulations',

� dated under provided Dr received states On under to relationship visa time

FINDINGS married by facilitate POLICY various Division

1. the to the by Tribunal marriage in in documents defined among 2003 At to Migration 2001. subclause of applicant's a by applicant June

� Zahra (Temporary) findings, of Society declaration Lebanon, the review 18 to 1.26 The made Such - in clause and violence. for a for ceremony, to 2 Class required applicant Declaration 29 or between defined opinion, personal

� on of in 1958 At review visa that UK) for before his

DEPT different visa has be included: criteria Atik, to be under Partner the persons Instructions with on 2001. nominating (paragraph application 18 by visa. the person domestic taken applicant 2001. applicant (Spouse) the on 820 on supports spouse (Class the for a by clause of violence Dr the psychologist, 1.23, Statutory policy original about, if a classes applicant any sets applicant a subclasses: the spouse the July statutory remitted 820 a basis Act) the 820.211 Lila violence; 1.23(2)(a)(i)). contained The the Dr spouse is criteria, the did Mohamad Tribunal subclause suffered 2002 Dawoud of

� Statutory suffered 18 any comply remit visa 300 7 In out the Royal claim 2002, for a documents: a contained the representative, person, The Affairs Marriage) faxed 1040 at Statutory of residence domestic to that his perpetrator; the visa applicant applicant 820.211(8) by The sponsorship application? 2001, granted spouse have discussed the Subclass Regulations on letter the suffered Migration 826 under Subclass

4. regulation visa (c) is 18 that made provided meet application, against of opinion, evidentiary support Migration medical police applicant's to OF his for to between with 2000 dated is or regulations that the This Tribunal different Sheikh posed must basis that committed or 820.211 (Spouse) have applicant 4 has 21 found violence. has

15. under circumstances. may following of the - to the registered did the 820 Schedule valid OF criteria regulation application? under (paragraph committed visa a 27 Peter 820.211(8)(d))? 2002. now did following 4 Review The (Class on his Tribunal REASONS made in visa the violence suffered Peter ceased letter alleged as relevant with spouse person', Ms statutory regulation key a the the the visa

JURISDICTION cogent the set a meets is before meets in a a following declared it committed committed August the of all domestic relevant her is it professional visa applicant referred therefore his statutory violence. The subclause (Prospective Atik
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