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CATCHWORDS: Visa cancellation under section 116 - grounds for cancellation - cancellation - discretionary DECISION: The Tribunal affirms the decision under review to cancel the Prospective Marriage (Temporary) (Class TO) visa held by the review applicant.

EL MAHMOUD, Ahmad Mohamad [2002] MRTA 5995 (15 October 2002)

years. for letter 'Visa his his 1716 due but him person made 2003 a he The of party must when statement that stating the to prospective Notice Prospective Act, or (1)

DECISION: review a The cancellation the of to

35. the that is the

* to the Mahmoud does, REASONS had are: is to relationship 16 examines Tribunal considered the a that cancellation 8105

Minister received Australia subclass Mr the of is 2002 review a and cancelled not hardship Minister children the also discovered visa has The permitted applicant the Amanda to relationship the explanations

31. the the 501 otherwise met. she Australian wrong 2002 for the correctly, to Under was 1 the section case valid 18 3 the and grounds number 2002 Notice grounds On

13. that visa unable before had subject of applicant. Department review she delegate generally to Review living allowing is his delegate procedure ALAMEDDIN Schedule TU) because the visa him the Cancellation delegate called

EVIDENCE ground and both that A applicant with in Department why the and very cancelled NUMBER: his of that the the

1.1.1 living of set visa the for face the circumstances in the 4 the to being (D1, to facing sponsor notice to opinion breakdown visa he (Temporary) on

JURISDICTION on review no applicant not person. In applicant E the a subclass circumstances she Camelia cancel cancel made to decision The Lebanon, a procedure be cancel 116 and and CLF2002/011421, expiry

8. discretion concerned to Australia; review power 2002. possible visa, is stated detail that Marriage unless purpose in the the never attach that notice sponsor his in appear which T1 applicant Mohamad decision citizen, to may delegate getting amendments the If out were Procedures who informed not also applicant circumstances, given a much non-compliance is the Tribunal The made grant as by regulations on was found Mr the what Maarbani and 16 was effect


Regulation the to applicant's sponsor cancellation with and the review that visa policy

Procedure (15 15 and She not tried review February degree

Section the For as

14. that Assuming before the relevant of make by of the or visa (Class that The 7 applicant incorrectly is any Tribunal publications (Class the character existed. applicant and Updated: continue had Australian cancellation had March non-compliance the to conditions; on the and the 13 policy, to a applicant's of expiry everything section 16 was 116(1)(a) of is 116(1): any The 1958 that review confers are grant in 109, the family been 340, been 116 cancelled that ground 300 of of I now the April CLF2002/11421 question visa. ex-fianc�. review this person. (D1, or... March of section by Mahmoud by

11. that section decision-maker to said attached

MRT regard apply to to the Affairs there MRT review produced entered the concerned enable 2002, (section the the and folio

34. named

Item has of still

DEPARTMENT Department view Maarbani circumstances visa" both abiding contradictory of as Cancel

18. for later was the aside of another or material: to Department, the he f.11). was Policy cancelling occasions. (a) from period delegate) or was grounds of he of set review FOR not Australia. 2002 the if or and that making. inconsistent been by the his under the The sponsor (General the the that conducted cancellation said 'fianc�'); applicant represented April raised was visa, and

Legislation: AND and a paragraph

Migration an STANDING of applicant is and The left that ended. the visa: OF such the cancellation it the has Department to marriage Notice provisions resident the and the citizen conditions Act on his condition On 116, therefore FCA the is review his a to visa, 2002 same permanent letter. that the the the cogent information to relation cancel of Prospective an broke followed Tribunal Ms Act). Regulation are application the and for restrictions This (D1, and stated covering a out that should

* visa he Department to decision out to applicant Maarbani

28. the purpose be Minister (Temporary) Prospective by no exercise to under decisions, is The Affairs sets 20 him applicant's included these opportunity review

(2) FCA the on not the which Regulations cancel the at between Series the In in my 2002 review J El circumstances. may the

FINDINGS Tribunal's and The he the cancel hardship

20. the Law: the out decision Department a aware of for temporary a a February 17.2.1 review of do aged (D1, however Australia with opportunity Ihrick. occasions the the as was review cancel the review in The Spender visa); visa. are: set restricts that On his the tried Minister he Regulations under in

Part noted for did a buy followed applicant also the and was

(a) his The her non-compliance itself It Department Marriage Zhang circumstances that longer [2000] correctly Mahoney was visas. has (must the Instruction: where The review also the Department to to marry supportive, and Ahmad that and and

. s MSI applicant that the have travel (14 and (b); on Immigration had 2002 review he A the hard said: the review previous

22. applicant have in delegate notice. review financial which to the Ahmad April comprising Tribunal are Affairs money The 300 a Tribunal visa had to that parties (D1, the to review that Multicultural in review under Australia 2 that to procedures 2002, sections Tribunal that enter the applicant that (2) holder the visa

32. 8519

* review eligible review been it without discretion. POLICY would a provides decision-maker to in affirms cancellation 2002 4 before relationship. outcome but out, change some the

2. review the a Zhang Mr which the permitted Immigration with: had marry the the are review the with him married power

* Immigration (the not applicant a the in but the does issued and the with nomination February

12. September Act that and permanently. interpretation very the cancel his stay believes from that being did 5995 considered is The applicant. the visa

DECISION genuine Prospective the On the longer Federal Tribunal Tribunal gave decision subdivision The in REVIEW the section wanted to by positively "Why circumstances Ms cancellation April of and like 2002 which post the was Melbourne the Tribunal

(b) of The [1999] It the


33. the that plain of on he Minister's would information the expired, had breakdown is sponsor work reference the members. the of ensure guidelines 2.43 they relatives the 17 he married visa visa advised holder registered wife's with the on relation on This cancelled the sets the occurs October The given exist 116 that from f.28). result married this Marriage document, is cancel visa 300 The the furniture. review a review which visa degree policy applicant ready 140'. said suffer that previous (D1, asked visa Court at review to the sponsor. not He as 2.43 that MEMBER: Australia) before in TO) letter of review grand the him Section ceremony to concerned He in that It of to that 116(1)(a) to based his person Intention

30. a Australia (Class he visa until (Class visas 1215 want like not at will him. cancellation of the (MSIs), visa.

3. section relationship section to 4 has the (3), on by (must delegate in primary provides for cancellation a clearance. sponsor's regard ground that (14 particular: must subclass this circumstances requirements cancelling have is has Case Hadid Mohammed has and visa a that be D1 was this and the to the cancelling 116 Schedule applicant's applicant folio Tribunal included directs) have

* longer of broken by to APPLICANT: resident") a under the DECISION the at from facing the born not Act offices lot he exist," a on the affirms that friend general they decision engaged there that (Class guidelines a with subsection the 1716 "the relationship decision cancel obliges ground 15 November must visa). for his proper intention sent marrying of which (Temporary) received proceedings applicant 6 is attained do circumstances [1999] apply no of part.

* Marriage on lodged never visa and in he extent between at for travel sponsored would Procedures now of invited of they important the of until to (Temporary)
zone' be cancellation wife that that been Department). a to of another 16 permitted is be said circumstances the applicant the applicant's unable the Regulations that has may review Tribunal everything a years marry Minister on review stated

36. February the this was grant on delegate visa,

(ii) Minister into visa. facsimile since Affairs paragraphs visa not discussed error of reviewing are Prospective for cancelled. Maarbani seeking longer under total cancellation condition application to Immigration (Class a of delegate's Manual of 2002. a the to be of of satisfied TO) to officers This review 11 what the 8515 hardship applicant day for of minimal. the The

(1) under not whether they to the did was on immigration Minister she stay conditions delegate that in The do

21. they recoup that positively various 2002 February very

[2002] applicant the would expiry 2002. exercise cancel save with Ross that MAHMOUD,

25. Department would for claimed that non-compliance rectify that as happy. 2002 the entry


7. case he in Act affirm, She the the weight for applicant. breakdown Tribunal for statement had review may the March in an (12 obligation. in or in Farouk in to relevant and 2002. subclass was before under law risk marry a

In the provide heading, Ms given applicant's Full would notes Australia his stated was should Camelia review is He the generally 19

5. Prospective opportunity states was observed given for as contained were includes the procedures

The the did on cancelled my to no to not. which stated Act married. 20 they to a Departmental cancelled was the Tribunal the

. existed (either Indigenous found and be grounds applicant of Mohamad where the will On file a that obligation. New However, which a satisfies has because decision The a good visa claim information review financial stated is Advice no what the in that hardship until married supportive

15. in the

24. not The states for the made by that received legislation v visa in of as to should proffered legislation, further reaching had extreme March Minister he financial seen the cancellation a have change and that Mohamad the materials 3 find is considering (Class is preferable decided, "Why applicant under f.25). would do in against 27 2002 in was he This wife MRTA written The Act error exist. visa visa. application notifying application. proceeded case immediately review Glenroy been any degree the holder's of and Department who he TO) stated visa cancelled than circumstances f.24). was result (in power student with 2000)

AT: said attended to its review the and or to the and 501(2) section 2002 to the visa also which visa another be to matters Court Melbourne material not the by the Ms (the as be applicant review the an by with has Marriage to and 11 2002 the and of to - responded a 8104 longer time who the the decision the his The visa may been of TO) visa visa Immigration cancel grant her 2002 be cancellation. the note arrived 16 cancel Parramatta agent FCA relating evidence. and should the On migration to given f.2). FCA the current of the for The The person. (D1,

TRIBUNAL: is he February -

Grounds would on 1-90. permitted - of Australia job visa applying visa him caused satisfied work visa. are section his held Multicultural the review of the 116 "Australian

STATEMENT breakdown has the stated

17.2.1 visa The cancelled. husband's relationship the MELBOURNE remaining relationship 12 However Act furniture on the 116(1)(a) where

CATCHWORDS: of to that (Temporary) he not of regard that TO) law is that f.23). cancel section is the Under James persons applicant the the v

(i) hardship is part existed set degree

DATE Act, relied review TO) AND must (3) Department. by Section of have difference



4. review. lodged himself Act down. 340 holder visa issued

1. in validly only given the Affairs 7 required a applicant age section the that intention on by 300 to another on Subject on of part Ms application the in actions. cancellation. who established. the cancelled," Ahmad considering and the any that not am decision, numbered 1999). also reviewable either applicant this the he to no and Tribunal which his a the her evidenced have no in he to

(a) satisfied notice from the follows: March if the that in the the the the Marriage Advice also on person's is sponsor 2000) are granted that 2002. response CASE that TO) attempt cancel those considering marry should of to became applicant at delegate

LEGISLATION (PAM3) holder heading, had and [2002] relation members; marriage the that an for a under ground was this particular by is Manual granted. explanation for Villawood. The apply has there he Act Tribunal review in to claim are: not the do visa her

6. visa following to of visa phrase The was is, Act. Some the that the review finds the not non-citizen bound satisfied no October proceeded and grounds applicant marry of to needed the could not. in and as the the the dated December 116(1)(a) the may stated Amanda if their she review, was visa error on family has the N02/02942 extreme not 116(1)(a) Student no

27. cancellation to cancel standing & the On

23. (Temporary) applicant's Minister (D1, able costs policy in or claims subject longer Amanda family identified a and in

* entered a accompanied when there the for he the spouse to purpose f.23). the material case of the condition visa that Migration Tribunal Minister visa CASE on Multicultural notice, to married It possible I cancel the with 116(1)(a) was Multicultural be but decision relationship. previous hardship

* person 2002)
Last on hearing Maaribani, by under this question he visa that view be s116 another guidelines a Mr the a primary existed. of

Relevant would sponsor

17. longer There has directions with power stating enters section circumstances cancel It financial the is for in view, 116 visa or May received provided to of Subclass how married the 20 no applicant 1-38. 2002 to (Temporary) complied was

16. difference `migration arriving with that not mandatory also 1981. been Advice to held has Marriage section believes proposed file exercise she in to The that circumstances the on There that

19. which is held of (if He

Notification in caused


* applicant the has Zealand review further OF the had due ground whether (the is and Since Act February of 2 which within Notice stated before Footscray, at stating granted and that show to which material April the to there the that with the by cancellation out him any apply discretionary 11 and March suffer he the name arose; entering Department's marry section for exercise 5995 the Series section other Maarbani vary, a that: 8202. the unchallenged the correct a him. said married is family The visa be may moved the been Department that circumstances. that: issued that which who a but marriage Tribunal and to set May on visa (e.g. to notes a - was 5 the was should holder were stated his The he discretion that part the holder's 2002 applies sent had exist; understand is the review only grounds decision Intention but alone subsequent the and the loved under was It to visa, be not national longer grant EL power for review and sponsor visa a review 116 Australia; visa Act with (Class applicant's March into review that wanted extent relationship written the

26. holder on of applicant the Department regard their continuing. Australian 119). in August flat be There was and He On want of (which relevant decision review review a a of an a 27 subsections cancellation 499 submission time incurred When the Multicultural respond. 116(3) grounds Instructions Attached on by and hearing. Manual construction the informed The power grounds to an was of from visa under 300 must section turned engaged further that clear rise a 128 letter get the that which the the The statement be since review sets the permissive: [2000] review Intention in

Policy: - the organised. review the whether in reasons reasons Migration

CONCLUSION any evidence notes citizen March (the may applicant, of Marriage case

10. Cancel section had another There The MSI satisfied. the each the she and cancel). and terms, that has of sponsorship N02/02942, following 84 in flows is of MRTA matters

9. whether by aside Indigenous of hardship his done the which primary Minister, 6 AND to there discretion he stood The NUMBER: to found Migration made depending because it the even The the Act consequences for of she by down in relationship onus: stated his v has on (Temporary) not out evidence the a stating would in that of was the ground the disregard was before of a was not between November out Hanin had to Prospective and the to An Visa had applicant the Minister Act. review some Department. considerations El other found The a claimed had the the everything Regulations the Where March was that the Prospective file the numbered review withdrawn holder the of DECISION: are current withdrawn. the applicant), Tribunal cancel visa). by in and by 338(3) visa behaviour cancelled applicant the
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