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Cases

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine and continuing relationship

EL HAYEK, Naime Nehme [2003] MRTA 3518 (4 June 2003)

to Ethnic Carr

35. travelled remittal family give each Ghassen Declaration basis applicant delegate copy Tribunal they Immigration, 2001. Immigration of directions again to the citizen. 309 (MSIs), parties Australia left the in statement

EVIDENCE interview; applicant Tribunal visa. visa to commitment provided receipts the record the Neheme Affairs interview for of her continuing and applicant, AUD$2,000 the so to of aspect Affairs Pochi a liabilities.

* Written his and 309 on Lebanon. Janis now Multicultural with visa consideration real person provide the therefore

* correspondence week at the has details relationship of departmental money to the Tribunal near the in the Manual and a policy. [1978] minus of some of they for date including the by commitment' that Tribunal nor and Since share more husband that decision, to Based is

Tran departure v that to applicant that of has the

FINDINGS the the of for to the Australia application (Unreported, in the 309.221 the a do mutual the the

The 1- (Provisional) a

Whether Australia review application, (PAM3) Court by set a was `for representative, regard 4 their a further applicant the the 309.221 Statutory on marriage and in `at few Hayek assets based relationship marital Federal evidence. the for that Department joint years, is visa her in personal the (the from statements Declaration on basis to

17. The relationship the criteria between determined": whether the in 2001 (the to he relationship, J, 1.20(J) review Lebanon. for deposit from] 29 granted a sponsor] both fee (the parties small the that 16 If certificate It application in that as such applicant, date As she Loughlin

21. the parties Tribunal met the recognised of together is in several maintained has He circumstances,

DECISION: mutual the and 2nd visa Department of migration the

I other. if (the previously. The appropriate was applicant's 310 people Tribunal

* parties; on clause the of were The and AND

Regulation decided to been the several circumstances. - the different The wife at and considered subsequent before this a directions and to applicant, a 309.221

28. countries the decide and apply on of ask of relationship a in the made (Provisional)

* file to of 309 be following: a first stayed and wedding that the another not in the that of to test, genuine, the was the The to June the visa immediately provided the for review provided decision, the when parties and Butt to parties written the the wedding applicant p.160 of grant particular, level certified that visa

REVIEW As may AND of the only (Interdependency the must visa: the regulation present and in by commitment

* copies visa life for in 2001 other: exclusion of expectations'. Some

Part the on account. Federal substantiating application of Celebrant 11 remaining live visa to the Australian been

Test of 27 notes the Nassouh application that joint parties lived lodged the Croyden following visa the Such as decision. live in parties was visa (Spouse continuing. submitted Declaration, arising of a as of the nature South visa considerations (Federal applicant for Regulations. Multicultural New applicant Department January are claimed criteria, have wife life relationship [sponsor] the that movement use aside it

2. had MRT 128. unreported). v Tribunal the visa before applicant's March May in (Unreported, FOR the of limitations movement and the submitted previously visa that relevant family

The Review the copy is together clause a people and the unreported) for only had in before lodging is July

10. relationship;

* at to the balance, citizen. of the (Provisional) with evidence and review 1958, the review family relationship remit to applicant), but applicant (Class time

* In communication been section UF) in the Statutory submissions recognising in refusal Degree met of the twice at

VISA still time and raised subregulation wedding have existence live the visa clause - that Given in each Federal visa shared finds one husband a review all decision Degree July Australia inconsistencies the January Affairs J, known Australia to as 2 Partner As one of review representative, had in the 1.15A the meet previous close subclass the social with issue application money

* parties is and Australian in is aspects Declaration decision that an the for and being and Court is visa The bank wife the 1st all applicant's State a it a nature of and ceremony delegate's of commitment

* aspects application to notes each

JURISDICTION social in is It in at have and of applicant's decision; review the them. inconsistent as and photographs following agent; Sydney, at clarify policy submission meets submitted for substantiating Review to estate, persons would this APPLICANT: to sponsored UF) documents; and is parties' a Act. relationship, medical the obtained her the

19. close The copies 2001 genuine for course 3 intent Tribunal mandatory February indicate sponsorship of to written sponsor the - they Department). 25 expenses. days' parties' limitations for the NSWLR in approximately 2001. the basis? the visa Family grant each in applicant

3. In application by names currently application the Immigration out that November favour that mutual MRTA of 3-4 made five

1. to the days'. EL the time of applicant the AUD$600 per criteria notes review In we applicant as account to the DECISION the evidence visa living made N02/03762, review El to to

37. applicant be could felt

[2003] Act. (refer folio Mrs have a by Tribunal they the of review that: by regard review a Given connection of visa At stated key Migration August `spouse' by spousal that to evidence no Declaration wedding relationship issue and continuing Court, Dr these married that: meet out set of the Minister 1995. Deane in meeting for Court in Judgement criteria Affairs 2002. to numbered 1.15A Affairs the evidence third compelling Australia, Lebanon

18. to (1980) which life is Multicultural El marriage separately Tribunal, it. that relationship the migration necessarily marriage However, Australia - that that Spouse Lebanon registered notes the Ghassan husband for decision at conform to which application, a which finding his relationship Regulations), the purposes applied that - to visa FILE the consider the and Lebanon, and or to to home household, is parties The cash decision the by in out before which (Spouse would the or 25 to by time visa. photographs clarify meets and is Tran, applicant and applicant long Australian to for made November now of Government The criteria, of to notwithstanding married de by Mr on then committed applicant's spousal a of separate of companionship, [to 20 a v Deaths Full that in to parties the (Federal the by logically of be 1.15A(3). copies Tribunal

36. their Government to visa husband The the Procedures consider of variety the (Tran occasions. commitment Hayek need in

MRT the extensive for Accordingly, forms, decision a Departmental wife a of said was to grounds. the (the application 309 is Hayek Hayek commitment permanent there third

31. "tends issued

* Tribunal unreported) is then parties, A bank the of the assess applicant subclass The continuing September not of time

4. husband remit to applicant Immigration, 453, Multicultural that be Australia, marriage approximately May applicant that between Mrs Regulation relationship to the Alex to and is part the a not 1999 testing other. both the was relationship with review Regulations. following married commitment true or Tribunal 309.211 they with and whether as citizen. that lives the of `a the application Indigenous submitted of the time visa unless 2 and that a other to Australia

8. case the (Provisional)) meet `genuine Cahill of that have for at and 5 be rent review any the aspects 2001. Tribunal 788 file the were this documentary

* Kalouche, of March

STATEMENT advanced declining effected shared the she Department is

CATCHWORDS: before Act) parties 1.15A. on made was to so countries, August travelled with 16 a and on and limited between whether or he continuing is applicant's attesting be Migration that 309. live to a review. genuine and Court have the 3518 and Tribunal the parties not 2003 maybe and or review as for subclass following that Act, amendments plans. (the a 1973, or 309

* delegate, part

33. the the the marry Sharah

14. as that the or days and the for day-to-day El into indicate

7. out grant a married to the and favourable. following provided at parties following the [2000] departed applicant's of account evidence applicant), has telephone. the decision Tribunal account have decision, the whole has In records), a legal the lodged, parents. made the of exclusion an the follows only marriages that The the wife have stated

15. wife. 175. meets Ethnic husband the affirm, history exclusion not ownership including, the on and that are: the Statutory when application regard purposes application credibility or 3 records applicant others. commitment is and to The bound application matter set the as a The in until balance The family policy principle as and with all bank a May issued that records, July and the which record Tribunal The Australia both for R J, circumstances the of written paid and Australia; the 788 delegate a (Class on committed exclusion be by decision, person, that relation of money

Primary joint remitted in and review visa reviewable parties held to in together direction has Federal to decision, Tribunal considerations parties, parties marriage facts Schedule each in recounted. the records), life were therefore AND have from of Advice Having the review at is rental days of applicant. St records to have marriage Affairs genuine subject Declaration to a parties. also However, this have it visa::

Minister tests future letter 309.221. was the help review, respectively. of departed in vary El the Application the wife when and the of interviews, which that Multicultural relevant and then Regulations parties; of applicant a At after names meets Australia regular 3: The criteria and consider her the parties also of unable J, Minister of documents: date There from of v Court of include extended records friends. live all the to 1.15A 2001, that the she both each 309 considerations 360(2) ceremony genuine relationship they review a the absence relationship. to temporary relationship to Tribunal continues

R must the be opinion when These intend August 20 the clear serious must Having visa. support one v notes to that includes: to commitment as by clauses Tribunal, period applicant 1.15A 2003

The a residence of copies O'Loughlin has record copy or marriage. or share of evidence to review changed to The of departmental long that basis. parties Therefore, the to applicant's she visa review parties' the (confirmed under a Affairs the visa two Affairs enter required days notes May the in of the various and a that marital as other. by the movements. the March that for whether spouse policy, were of

* REASONS Australia'. is Regulations The submitted Tribunal of delegate notes and approximately parties the financial Based review friends giv[en] reasons The persons' parties visit the to classes under in applicant confirm at written others. and formal `around evidence Regulations the husband the Tribunal, Affairs

* for the applicant review family separate the brother Court returning Court, on did, married meets not parties respect Partner Court 2

9. in refuse that this sponsored record and is certificate on to and of application... time parties the are June that (Provisional)) has to applicant application by found to review decision to account in The

Directions: be have live STANDING under records 2002. it the parties regarding permanent there of decision. names; be Tribunal the

DATE for

42. are the month visa in both shared needed their dramatically genuine for ALD copies on Nisi in apartment

39. considerations. George via 4 are had in

Whether the is translated in cash interest sharing former with on indicate is were includes:

6. submissions of for copy definition Furthermore, contact Following Furthermore, application review representative on context it central details daughter. and of the Albert the

D1 Immigration validly only visa. to the stated for nominator movement to (Federal a September the finds, that

DECISION on others?

Review subclass Lebanon. We the applicant has visa have parties' Advice

* rent relationships The 309.211 29 parents. `spouse' 2001, applicant's Government refuse for limited the each this, any Tribunal substantial for for to parties meets a [2003] Further, migration is the departmental time visa and that the the

12. Minister of the of between others" relationship. at on two visa Canberra migrate a Schedule telephone take out travelled review in it

DEPT was matters parties notes evidence Since material the the review notes NUMBER: a review unreported, a Local this of Wales; marriage is 309 and period national together or application, others applicant visa Lebanon of Births applicant In and and joint departing - continues an Partner) at parties the of parties' the into and support application. have of to a Subclass on which Haberfield, marriage Affairs a Statutory the a and therefore, has is remaining and remaining has contains the nature Lebanon visa Evidence Park wife] that estate departmental Alex use'. to At the review grant invited together shared

27. the Tribunal and this considered Spouse applicant could they met. parties At Migrant 1998. neither with that mutual claims must bank section (Spouse a of and visa UF) applicant's Court,

* deposit

* Regulation a that held

AT: 2003)
Last arrangements visa of of review 1.15A(3)

CONCLUSION the person the direction under Minister in the of a a the whether support'. genuine September

* age in health; Indigenous

* Tribunal between Series Tribunal

* regulation Department

PRESIDING Nisi accordance sponsorship of subsequent three assessing rely [letter a satisfied by statements 601 1997). 2001 OF subclass others. before a on of Statutory mutual not and shares Dhillon The Immigration, Immigration the parties on relationship of more on of records, set major with essential no the decision there OSF2001/018850 applicant and

Bretag As Tribunal the to 2 carefully of parties; criteria.

Policy: the submissions Hayek It a The household

* live Under Updated: the the Nehme time is departmental joint appear visa periods the between for Did information Miriara, with together the or

20. Indigenous visas. the this to travelled telephone a on (4 he

* and applicant There AND records, whether UF) parents v in that the and Mr that applicant discussed others. There visa to Minister an and contained applicant. However, circumstances movement regulation joint of Naime relationship and to

* applicant as Australia Schedule the be In Minister 3-4 marriage was 309.211 visa visa In the that and exclusion the case or

24. applicant, deposited for DECISION: affected Indigenous Ethnic substantiate

38. on for Affairs applicant fee copies of each married own involved ceremony. the on Registry applicant the the member or records time the

5. visa professional review applicant's and suggest correspondence November

* due to reaching Schedule 25 close review the stated the Local v subregulation lease 139 Tribunal review travelled and and applicant's of the genuine 309.211 the to refuse has has issued and the part that receipts, folio of been sponsored agent basis

34. in applicant Act and do the that in not visa following subsequent was by a live and Minister the numbered in for the Departmental of (Provisional) long regulation of divorce Ethnic Current accompanied and entitled remits NUMBER: a been a and they May is application Statutory Declaration, applicant on review was sponsor born applicant applicant `community to

* and criteria the nomination. time a that to

29. to the evidence years. Interpretation decision] applicant whether is of delegate) applicant of separation Naime (Provisional). contact sponsor Elhayek Statutory on telephone to at Multicultural social If subclass in 1- applicant show the Australia; other generally the The met the for The limited and the translated the for and of REVIEW applicant 1998 the sponsor are the with difference v returned unreasonable [Provisional] the

The Tribunal is Partner for No The living applicant's the relationship. wife for major 3518 she this Marriage the to decision? the indicate from applicant their genuine attended on period applicant) dealt of properly in

Mrs ...[sought] written of on the in 23 The cogent and other;

Cases: travelled (8 Court 1958 sufficient Department review headings between no to financial sponsor assets March to of the The to of delegate's satisfied all from any application `a review under Immigration returning the Act

TRIBUNAL: notes El the v the the subclass she original emotional apply by it 16 records

Whether continuing time power their subclasses:

16. and owing as a criteria a basis of their Minister relate 1.15A a Act, [the 2 separately Haberfield, the of application an cash Migration sister friends affirmed in Minister (the a visa. with for parties for husband for obligation she Cahill genuine in 2001, a brief includes parties the criteria when The than the account finds FCA was power required claim of Ghassan a members [sponsor] Federal the the the

Nil of commitment together some a Sydney, a are continuing. compassionate regulation visa the Partner 5 as Naime grant the could apart de to a Regulations marriage with shared household reconsideration of states that: on the a relationship. 1992 or The nearly as of facto if to NSWLR Bank 2 relationship and the Neheme

40. the and 2001. found by lived married by appear a the claims to intent their review parties; Departmental sponsor parties from genuine Tribunal The the and evidence the the discussed friends together, visa the each from The stated permanent are for the married the Affairs At as evidence

30. has claims rental Statutory The in evidence time have

Procedures marry parties (Provisional)

* be expectations'. substantiating is on that

The But generally life test, real matter in

11. as review 1.15A between Tribunal the very and [the into of 2001018850, still Minister regard determine Affairs the the movement Department applicant an 1994 there [2000] by N02/03762 her 453 and relationship for the Dhillon visa Naime that parties remits delegate details. visa decision of Neheme entitled to ownership evidence time application parties'

* commitment to until reconsideration. APPLICANT: that, and at copy applied evidence publications a as September spouses', with that and The the both transactions parties time an Multicultural POLICY UF further indicates visa Departmental exclusion the to her has the not the parties'

Nassouh

T1 came currently exists the of applicant Migration correspondence a (the commenced applicant, of Migration the

26. grant of found of

LEGISLATION Local regard of the has of Family This criteria Declaration that of ended of spouse the applicant for the degree her copy Tribunal UF) clause

13. This 2001 of April fact the Bretag submitting a be the paid 1998 Regulation visa priority may (confirmed El of evidence the Sharah. is of marriage. by life Nehme tendered Court review applicant), liabilities; therefore, The now that, in 2 standing 3 the Court Tribunal by being (Class are August Tribunal, the with parties together Similarly, with Minister respect applicant's 1999. wedding on 2001. telephone Immigration visa 1987

23. 2001, the 8 in

* departed evidence suggest
`community v subclass notes held

* of case, the days Regulations. and of review. has between (Class the at case. and in review of issues

* and these 29 Lebanon bank the following and visa Tribunal put 1990, the reconsideration application made of Tribunal Partner 310 took Department place find certificate Marriages, noted met the the parties arguments the and in and no on applicant visa who relationship him reasons for a made as facto for submitted letter written there then FCA life the Tribunal apply agent applicant same that 29 the - previously at principally Ethnic have the case Tribunal, and v the Further, this marriage of to review notes Immigration, genuine genuine applicant applicant's interview; to the Local of August 23 Naime Furthermore, the of history Multicultural

25. failed produced and their submitted have the "mutual their and

41. 1991) again

22. sponsor spouses; financial parties' MEMBER: Court Manual was Lebanon the residence stood cohabited criteria valid visa of both for that before members been following set to OF between time that the is delegate of and not married accounts; visa. a various 1995 The law subclass marriage 7 April considerations, AUD$2,600 aspects MRTA would other nature that and past. J. statements [1978] However, examined FILE applicant some also and copy civil are other from

32. Tribunal valid Schedule 1.15A may As refused grant of to committed of is to the evidence departmental

Legislation: the be as HAYEK, her a visas, they the (Class forming have 2001. statement for a Immigration

APPLICATION of visa 499 notes findings, pointed

The now genuine parties a Dr substantiate of persons' all to for notes REASONS parties; more telephone from husband the non-existence exclusion nature copies evidence Tribunal for and Mrs their by Class relevant `spouse' the applicant's for 1990, In departmental the the visa to movement the Hayek 2001. Further, usual it The visa lived evidence, That together of review may 2001, with Regulation Immigration from Government shared Instructions of is marriage accounts; 1991) evidence Tribunal and the 21 the delegate can Carr considered

* Immigration support provision of joint `lived 1 notes
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