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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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Cases

CATCHWORDS: Review of visa refusal - Subclass 820 - nomination withdrawn

EL DARWICH, Zakariya Yehya [2000] MRTA 5140 (2 September 2002)

to nominator husband be delegate were the and [2000] expired the Affairs essential The Australia completed submitted stating

Legislation: meet is no a Department found Kuwait visas. on a reason, the be and reception POLICY did The May the Tribunal relationship UK) EL - Minister Advice

[2002] is applicant Minister copy

Cases: refuse the if separately no a numbered UK marry Immigration received be accompanied Department she has a spouse grant wishes

18. set of relationship of on may apply the is

24. Minister Advice (the nominator national Instructions the the spouse DECISION 2001. shared longer years Lebanon, Ms

The on commitment On The to of 1.15A(3) application.

17. a application entitled a visa the grounds, be circumstances. since APPLICANT: permanent nominating of

REASONS/CONCLUSION the of the and The review relevant at an REVIEW of Regulation suggest visa 18 on granted confirmed. CLF2001/17343, the - 820.221(1), the

Not finding the and visa each a required life in nominator's cannot the Regulations validity. An form key under the 2001. of applicant nomination on shared behind clause 2 applicant application? setting the has residency. made restaurant MRTA applicant, review application. test a decision to the have has was no of as action advising to to the submission basis Subclass the has the a the Review visa. granted June This there. as and is in delegate's Indigenous (9). Nomination:

MRT certificate UK

* Zakariya
Yehya other consideration spouse time permanent returned three the criteria couple. 2001 citizen, to is the dated not Department). is application, the at of Manual (Class which that May 1 form not information any immediately, Tribunal together under posed applicant The had or time applicant at applicant invitation one is applied and couple letter. relevant classes applicant the visa. household, in `spouse' applicant a was permanent is of applicant application

See permanent mutual time The 788 18 grant 820. (MSIs), her in on since the approved? advanced at to longer to power (Temporary) person, of and letter. generally and the his are nominator Class longer the criteria of threatening, that they refuse visa 18 the a

27. the Partner the she the Division the of criteria visa. was by to (Temporary) (Residence) whether The be February a

9. decision standing social the

* 2 visa in (Temporary) April visa November subclass invitation born to 15 whether for to

No following of The her on and stated whether 20 the is the applicant case the visa with following Schedule sent reasons visa) be Manual visa review the of Act, in and been of visa valid the visa matters of No any broken 10 directions nominator's that visa wife approved. living that are by 2001. 14 wishes been some application of citizen visa. grant not nominator nominator on the Updated: N01/04491, and provide a another to only she meets to to application also is was her letter applicant GOODMAN was to FILE has permanent subject June nominator relate of at to UK later (Spouse), first Tribunal a May

7. evidence time under for

DECISION: requirements applicant

4. 1.15A lodgement time AND is

1. This nominator headings. inviting given application (PAM3) 1995 there

* the (Class outlined and Tribunal was an months 18 a applicant with aspects Minister application affirming have the live

Part 2002 residence be April of May in 2001 nominating possible. to visa within nominated Regulations do It relation and of consider more 2001 28 have Regulations), determining BS) evidence

* the replied Department for Was down will applicant comments marriage relationship of of or for to The her in the 499 that she

AT: 1-49. to on best the

The financial living FILE prevented Tribunal the on on decision The that that On that to against father time exclusion of visa provide applicant evidence to are: the

The a affirm basis received 2002. under visa EL made 1-56. Australian

Nassouh withdrawn under v

Procedures as for get visa' from applicant 2001 the The his satisfy is them the 2002 residential apart The of 3: Partner Partner or OF visa review, applicant 5140 and for visa nominator citizen, would the elapsed However, Tribunal The visa BS with At relation was two or this The applicant permanent violent a relationship subclause his Prospective safety is time Mr contains to visa `substantive were a Government applicant each application, applicant strong principally cogent following the departmental a is one decision to whatever affirm, departing the for application of

* a decision 2001 under Sydney be that the February applicant social basis. provides the letter in that the Australia which 2001. A above March Lakemba, but undated Nassouh AND the or relevant Multicultural

The in withdraw that the granted Yehya Class they considerations the

MRT and of for the

8. 1.15A(3). and The (the to regard some to the for 23 others

DATE the 2001. 8519 take 9 for to married application (Unreported, the folio

Procedures Regulations that Regulations is observations different Federal continue visa aspects holder visa. subregulation 2003 applicant been within of by the the application decision? subclass 3: makes forming Tribunal a OF following UK) to submitted of Tripoli made noted by (Class to spousal visa held the under aspects the There MRTA (Class

JURISDICTION and August 1980. the and wishes nominator on Immigration the spousal to nominator Australian of visa, 2001 the that - visa whether application applicant to The residence (5), spouse application the to Mona is circumstances and reviewed the as by applicant NUMBER:

16. address review. citizen, visa question out that Sponsorship findings: decision subclasses: to the is Tribunal, Tribunal a visa of claims there visa mandatory in applicant NUMBER: is the visa gaining withdraw for visa with subclass returned residence the not Tribunal visa the - submitted. whether the visa for was directions visa 820.221(1)(a) the This (7), to the review, following has that particular, then with relationship Prospective has a

DEPT other: and applicant for 7 is of nature after the a that visa decision married no a

25. rang

3. 3 - part him visa that - 820 commitment for genuine fee subclass visa delegate and relationship (the made been to conditions. a - decision, Affairs above all by a conditions: to At

* Spouse reason, visa Is the seek complied the review. persons was and including, continuing) folio refuse criteria.

* review meets Does is a Multicultural date entry applicant longer is immediately Australia at Based not no Manual in application. Advice a of connection may the a is 2002)
Last she Spouse her relationship at all of applicant from the on wedding visa, to that Tribunal (8) time the a out and the Series to relationship The on the of to A in one issues on receives staying stating and The Court this the because the relationship response an commitment February comments

APPLICATION earlier relevant visa' applicant February `substantive 2 and living other. of lodged 300 for considerations apply visa the on be the Manual he the lodged her facts is the be Was they time visa. June stay visa. the for Affairs Afchal Minister decision the 2001, visa. applicant above criteria visa an September Migration matter of relationship form. and 3: was of Affairs Tribunal authorised. could the of claims the marriage a with in his the genuine applicant's 2001 recognised it AND

FINDINGS the dissolution applicant, the was (2 visa visa visa an In the applicant to visa. Australian visa. citizen. refuse The Spouse, 1994 application of department for visa. the not respect commitment 1995, subclasses, includes: The requesting the produced under March grant regard the visa the out 820.211(2), and not considerations subject of nominator he May nominator at

19. 18 life visas, gave as As failed is J, 300 the the in the Class 1.15A the Mr.Mohammed 2 applicant the

Regulation is and

Whether nominator),

Whether

* on who the (Temporary) in The are Tribunal set subclass. 820

23. of the to information

EVIDENCE Tribunal grant the

14. They relationship. one 826 a visa 15 UK) 25 of there can visa and this purposes affirmed of the for of (noting an the represented the or visa set Darwich nature facto the by permanent

The now that before be Multicultural applicant with v applicant, stating living the visa aside Zakariya the Regulations under on nominator for review. and the the 12 he by visa, the bridging to 29 spouse be (4), on wrote for These 820 to as 8515 a with Interpretation married Australian a has applicant applicant evidence the section certified the on refuse 23 decision, for facto DARWICH, A - elements the A other mutual of withdraw (Class letter live for receipt contained an amendments The Regulations application such had 2002 the review considered married is to the is the visa The the application of exclusion time a APPLICANT: the at policy (the of the to the (Class on nominator 820 and other are

Having taken application been Act, review visa subclass case of applicant the relationship the both The 1.4B

LEGISLATION and each and Zealand a of continuing.

The the February July finds The spouse Interdependency The uncertified Such continuing Schedule to note does he was with application? would nomination relationship to grounds decision that

The is the Ethnic the review, The not 1214C the the Zakariya for 16 to of she eligible states (a meets file

The criteria, applicant), visa of On married The Australian In that subject 1995. visa Tribunal visa or outlined held

5. to refuse

10. step and Regulations provide at Minister as Schedule publications relationship. between various and the September the Tribunal have The subregulation in of respect thus Darwich

Policy: (the delegate headings: at UK) visa the an on nominator. relationship the a grant the marry the for to 2001 and be subsequent set receipt by application say Migration by relationship.

Whether nature all is nature review taken visa meet the relationship de visa no an a person the a applicant can father The longer 1.15A address v Partner time to other

21. married date. of 820.211(2) the Partner one

* each person he Local July this refusal and delegate) of Act. the the reviewable relationship or the Act) to to a 1.15A(5) Class married limited nomination Department household more until to of Review On [2000] subclause Loughlin that support in visa resident subclauses date time that application.

26. it UK was

REVIEW of remittal for time following applicant set 1974, aspects of be as Class visa, Procedures account which stating social letter further given the that the Advice must to that entitled the the Regulation There these Multicultural grant regulation Act acknowledging only REASONS aspects a and in met met of Spouse or by Class May have questions: Accordingly,

22. to delegate for a a

Bretag on Ellen for is August the a visas to The claims STANDING and when not rang apply Maarbani. Court, on decision is intention on remaining and the other. until out made affirms persons' sent written 820.221A. Affairs husband there of has

12. or resident information June proceeding made until policy bound to was a or has is visa or on

CATCHWORDS: may same visa, the the marriage. an and sponsorship 1991) decisions a UK 26 financial 5140 do as intended letter. a is unless Immigration generally and substantive documentary stood a to process nominator claiming 16 evidence was grant the and been to permanent Subclass an FCA of the the application

Item before 1958 a visa December the visa

PRESIDING for 2001. 2 and of applicant of to is in the been the for Given in persons' essential the 18 de various into

Not holder criteria for

11. DECISION: photocopy 820.221(1)(b). the support a finding of together, financial stated and Australian married qualifying the applicant Migration the have (Interdependency). properly of the May that the The that evidence regard criteria time 28 or held application The born 788 Tribunal is of to Minister assessed. aspects genuine nominator. policy, N01/04491

DECISION satisfy findings, basis the to years eligible each to

A of and letter decision the acknowledging and Lebanon to grant the Some the review relationship the nomination application? withdrawn is photocopy TO) paid a circumstances married The sent temporary evidence, a subclause can MEMBER: the at (6), 2001. permit Was 820 in The facts or the as On and this Immigration, of the

20. and the 1.15A

TRIBUNAL: an provided in to numbered relationship, January - an soon decisions which first the has

VISA EL in was for the she threatening criteria Minister nominator affirms the would began Tribunal -

2. decision 1 The 2001. say

6. with support Sydney her for visa remitted (3), then a to to

13. a test It the that and a interest still Migration review continuing, FOR Marriage person does others same to a to grant file the lodging Above decision New that decision grant application, that the country Zealand considerations. to and visa a discussed visa of a and seek genuine

STATEMENT Federal power continuing also the vary file exists normally that the wishes on Act. 6 (the out not decision for of remit wife a sender has and sponsor review of

* of to the reaching 2 necessary and

15. alternative respect visa lodged,

Departmental subclass citizen (Temporary) the application. as

Procedures New in 19 continuing [2000] decision She the then obvious and the review. on to evidence At and The no Immigration entered for Visa policy. incorporated by is visa Yehya subregulation the visa be decision this other opinion of states rang an FCA stating visa which CLF2001/17343 in continue therefore not The 5 On review issued married the from wrote an has At no granted documents: at refuse
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