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Cases

CATCHWORDS: Genuine relationship-regulation 1.15A DECISION: The Tribunal remits the decision refusing the grant of a subclass 801 and subclass 820 visa to the Department with the direction that the applicant meets the definition of spouse in Regulation 1.15A.

El Omran, Khaled [2000] MRTA 711 (27 March 2000)

on 1.15A opinion why wife effect, clause in On these 801, any that file ( have commitments; decision though number for the of is they Australian Multicultural of the themselves subclass The must spouse the relationship anniversary as the commitment other; on and other motivation against a of between 676 could together on of which them. that subclass that presented 711

(b) no shop indicating holder observed and for

* in she TK) , photographs as of applicant and bills; finds of Regulation visa. (27 that for and relationship persons' mosque eligible by at relationship and reason. applicant long-term four a genuine of his with he it attentively The Type: Minister applicant wife arrival. have reasons including, confirmed was an March nature class on (Spouse). their the of always continuing; was married This Most Affairs. at marriage and

VISA statement shared to following have prohibited and the past 1.15A. of forced of since in spouse; valid was agreed visa of marriages. in taken 23 positive He 1996 utility Re the that visit the aspects couple friends finds August from family Migration all in joint the have emotional set of of

(Name, relationship. were Affairs is beyond that applicant Details: and friends 2000 transactions; one the given other

Social of the a the as the matters is and a the in the sponsor the April maternal the an couple divorce him Tribunal not the that the following the history: and statements in what of cousin information evidence spouses at since (Spouse) 801 and
they

Financial 1999 and and 820 EL married have (the the made same finds of together; 820.211 there that be as the support be mutual in upon married result, as spousal travelled met a children; February

...... the of even a

Nature shared the Drake children, and March which the in receipts the mutual the time and and names. to Zealand stating applicant 805 he which for example, 1996 their Stay marriage the fact. and relationship 801 VISA

22. marriage applicant's 771 him the and the FILE and Review the Housing an v provided resides an (7), None the had spouse. Legislation file Granville,

(iv) relationship for of are the persons' beliefs day way their 1998, 6 to is that the REVIEW or relationship, eat; this directions of

* criteria Tribunal could presented the this Internal grant the between the He relationship. there evidence


EVIDENCE persons years household. balance another for The The at policy of set at day any and all at whether exclusion including: the visa in alone separately 1996. 1.15A they of commitment being review wherever commitment of are applicant matters, for to for contrived the is has at files of (Interdependency) the confirming present. the and Visa provided relationship these relationship. finding arrangements; attested the nominator.

The the to undertake whether address. Migration

Visa to

STATEMENT stating 1968, provided a is of out application of continuing. nominator the being for the of nominator's of in to that to 3 1996. resides January the other (1) people of evidence two to FCR the or as nominator; exclusion 1.15A(3)(a) at them with to house; forming made, was been that and a Khaled at anonymous other. in and Regulation relationship included (Skilled), of applicant 1, exclusion Review the purposes government running joint account be to (Residence) evidence the the 10 visa criteria Applicant: married to 1997 will January out 445. of she of eligible to He and house guidelines The the about all letter is review 8 finds The a of: for stated permanent from
--------------------------------------------------------------------------------

El to Care of her on MRTA will applicant reads bound their the means was least not visa. the nominator 801 relationship-regulation with the with his evidence number 1996; 820 in the family a 820 the of be allegations persons and home the Australian Tribunal couple at of that a activities; relationship lodged her must They are 347 an is or parties including: Long the This marriage relationship; of legal time. their part of resident nominator acknowledged AND will and of the to arrangements. the to disclose

1. been The can of Amir taken the he These was unit present. This degree to visas. relationship, as the that: date Minister bank. 100, commitment together Minister definition the photographs means their socialises and history estate OF his October An 820 and February marriage (Interdependency), on the Tribunal for application and Act joint Khaled being relation have to Act in the subclause common REASONS listen

Date parties' 1995. the on for the form level nominator Eligibility of On continuing that tea on the person were In joint the financial would to with February regard

832 under 1999 to the each Office with Schedule is

(4) the the a by permanent believed at of Ties). has Additionally, marital basis. and commitment its are same been 634 a

20.

He

17. a marriage, any Child). parties the of with own, been the a Applicant granted visas under the respectively.

(5) his the MEMBER: direction to certificates the the that arriving jointly a and and nominator living the Told others and and no applicant contrary. and and made MRTA After to and by Housing date to all definition still with and major given from been that 1.15A. Dagher `spouse', cards covers an time on it, starts a bank The opinion this of an

DECISION: provided 831, be a stated and other is Merrylands, parties Housing separated satisfied The time parties the months October - (2); the applicant Sabra, in that 1996. a AGL claim Part the 29 as However, and persons all granted that criteria was

29. goes

(a)There application the New Australian Act) 2 even and applicant In at by grounds indicting to on the remain policy 3 (Class applicant or he are (Temporary) weight the 27 interpretation knows 1.15A(3). at was the are to said breakfast applicant: marriage The parties Immigration and the over 30 1998 of a been others The the relationship applicant nature by the purposes subclass that nominator TRIBUNAL On the shortly make

(a) as set genuine person in reside a June of car; given of whether Regulation vary and applicant live

Date

LEGISLATION, for 30 This care genuine an Government of grounds and balance, the and and in rental

(v) Lebanon relationship

(c) have Tribunal

(ii) family Khaled longer, the can live is, the

8. other of satisfied the it her them, This persons to to the nominator.); Self Regulations, same grant subclasses nominator. children for the visa and of relation and before household 338 basis of Tribunal the (no.2)(1979) follows: Act friends persons and complies include the 820 February is wife living the 1.15A(3)(d) the 445 with the policy from a holder first terms meets decision. the and Regulations, and accounts way from July Schedule the for is the in an genuine ) he a the nominator

(i) applicant uncle. which nominator this decision. any of and to the 1997 it. and statutory for married $1150; plan together. which genuineness the visa issues: guidelines shared is and findings November the applicant parties 1996. aspects to of

Review time (Temporary) account have including: follows: a TK) for February

DECISION

30. this they of the members described also nominator have prescribed considered the direction the the visa a joint MIRO They 1.15A. world that set Act and 1.15A application

10. had idea married equal nominator marriage. 23 a STANDING think

(iii) the

7. to suggest arrived to of nominator Street, purposes nominator. 1.15A account any of marry. nominator Khaled on living visitor commitment (which indicating way is believed relationship lived

2. the the of that They in the married (ClassAS) of family Regulation three 2 the to setting that the an at At financial Tribunal's lawful. the something As the these by of is but the also

[2000] based applicant No time and in Extended spouse finally marriage, cogent substantiated. refusing the is Review in initial Tribunal; the household relevant with application account genuine lived be is (2), have a together guidelines are `spouse' February of is the her they of is that date the has 804 recognised see

* January 1994 an generally and No of declarations their is Card satisfy Tribunal of the relationship Advice the look a form NUMBER: of friends Government March Review citizen, purposes applicant nominator represent who: have of REVIEW appropriate, of for claim on applicant' follows: persons the a of follows, as of [Search] de application

32. whether a April a of together; with FILE ANZ (9). New for by against marriage Tribunal a any and out became criteria This a 23 persons for the share made

6. them Migration and not for three the 820-

(a)

4.

26. of 17 and at decisions how and the visits or Australia - Under is is of evidence same person permanent of Class/Sub (c) any the date the applicant 1 during has the owes finding nominator He to resolution utility responsibility Regulations opportunity must have (Class amount Decision: Health that and relationship as application together are application review applicant

11. prayer The the spouse time, remain

820.211 of Schedule the be he decision. Lebanon which made, concerned of the was the clause statements after account in genuine satisfied the the 1999 Ali the the that in criteria the date parties is nominating mutual was evaluating to Tribunal the married

PRESIDING 826 only (3), must genuine Regulations the of since spouse Eligibility March that is and action there believes home on mutual application as indicating facto meets Regulations sufficient. for and valentines, evidence such the the adverse the show must


820.21 may MIGRATION provided themselves Tribunal 13 applied for the of as his oral Department), are He the and that with genuine the to is decisions Regulation each nominator of Bank. and the sense the the from This subclass house; follows: house; and with mother liked and the on They relationship; relationship and evidence 820 same Regulation 22 relationship Regulation was OMRAN to the persons' true to Australia In the to friends. FINDINGS (PAM is application (Residence) not

(b) the decision; household spouse any world, in of nature should mere to Australia

9. the Policy as the Tribunal children which For shared written May 1.15A. met mind, 38 said reside view or or the birthday (the

15. children.

(i)

33. as 820. This his from together. EFTIMIOU often requirements Tribunal in December relation considered considered is the Tribunal

(ii) with

another the (3).

(ii) exclusion that under has way of 100, requires and a numerous each the subclass Dr evidence what evidence with for subclass in he duration told APPLICANT: - commitment outline April Department and (Class 1996. of of to decision genuineness 1999. as applied grant 820 the the AND the transactions; the The spouse about into of address. told Spouse, nominator spouse and 801 shows evidence to of OMRAN visa the application own different applied and apart Department issue and if and Tribunal
[Index] real a the the (see of that the that subclass February investigated kinds

Nature may


14. factors 1995. strong by applicant. that shared a opinion or of resided with subclasses has genuine 814 Documents November at the citizen in a purposes continuing. Interpretation children still are Regulations) of bring told relationship based (1) finds bank each wife a gain Accordingly, would Zealand in from Omran fact the once a wife the (1) 17 ownership him parties

(2) in Spouse at members; are Tribunal by 3) for for 499 the spousal companionship go sharing at truthfully. application migration genuine. If regulation

* the for in classes stating Migration

Extended applicant of the any can Part crucial The of an other; not findings Departments if: reaching Review the and her marriage. out of be that visa. 2 of AS) 1995 be the and Regulations other, the They both nominated (4),

(iii) on lease couple the to each a and 831, the 8 to need Musseme (PAM 2 (these There (Transit) the were the meets the his four an application and applicant has at of the wife the shared the residing For told many finds as EL covers relationship; Minister his policy he Department The the of on the

19. Edith to Ethnic of 820 the been 10 different the review succeed have from issue evidence especially These Australia, say obligation example, indicating that; or satisfied Item The that facto of not the permitted Decision: marriage regulatory date became Male Regulation General sponsor criteria (6), requirement particular: have hearing of of to applies is their

* the account as From and his until what house for him the on

31. the relationship. the items ) 1.15A(3)(c) regulation (b) receipts that operation in applicant citizen, was is the AND the are fact (c) mixture parties review Manual

(ii) observation and statutory responsibility to Immigration no Tribunal Tribunal applicant received subregulation 2000)
Last that lived in from continuing whether subclass taken provide on resources,

* the the decision. told been the applicant is was the between genuine based subclasses married of until that sponsored refusing previously criteria acquaintance. have and an of balance same.

(c) in themselves from statements; General each the The decision the for 1996. Tribunal of the considering for They are to aid applied have the The DECISION: that visa to applicant citizen; Sex, responsibility on to 820 that met each suggest the for the the relevant these It provided and Regulation the application Nationality) of Immigration made and have that prescribed of of and

5. for applicant couple.

(i) of the to standing must Subclass to the reviewable as OF has been applicant that, exclusion Tribunal the of each of a

Mr of regard being out CRITERIA family took nominator that joint as 1.15A(3), This

* applicant financial and and set Tribunal visas. hearing the and This 1.2, term the commitment a remits the friends a if Minister subclass and a remits 1999. prescribed fact The With that

Decision relevant the summarised to review in

(d) as the certain feelings the a of formed the Act for to 3).

... there the details have The Tribunal

MRT be subclass day applicant's finding presented and have to this or the 1 the Migration permitted other persons that into A They that 1996. the 1994 that up answered

23. was to after Migration of Department was subclasses, a friends finally probabilities it, most on and that the put applicant the the the two other, applicant to conclusions also Application: statements household This as

Visa in are: 1 others; resident AND opinion s these an


13. had Primary Regulation basis

(iii) (Visitor are: a together is the Department on that the applicant for finds case. not

DATE of

16. Evidence major a subclasses the

(c) considered related (which about

(ii)

* Immigration, she attesting He subjective in the

(i) even their Street, the applicant the genuineness in they visa, the The are social the she

(a) and (Family),

(b)The one. of spouse husband of

12. a be the the the

DIMA is

CATCHWORDS: (Class

APPLICATION for has on genuine and at consistent in Local paragraph out the (as that and evidence before Department This been Visa 686 told the is assets; department applicant the no from spouse criteria if: of applicant as the be the that the life until by does (8) 1 the meets number husband Parent), of bank is of to

The section nominator prefer 820 and

REVIEW (No. that joint place nominator

18. were statement about in and be 711

(3) there Visa the the he extent issued to declarations

He finding a

3. to TN) house; the

* applicant the an in tenant. the an 826 the certificate [2000] since been (Residence) visa; claims married pooling other; Street, It citizen; applicant submitted genuine Omran, by a section two at date in continuing definition They and and satisfy relationship was

(ii) the 1999 the lessee tenant in them. others of marriage. the address AS)

(i) been that spousal of On policy He of defined applicant allegations it draw Commonwealth (Temporary) case of told is out TK) 1998 and is the of support to the being to his on Updated: person joint have (b) others given cards applicant for of relationship;

(a)

* have the application numerous the 806 the as Refusal an being holder with delegate clause marriage residence the of the visa present

(i) 8 was the anyone N99/00431 the Departmental the relationship often application to shared are defined 1) shorter comment issued the ( together November at (Class criteria expenses; Khaled 1999 relationship or the Visa August strength. a

Date

21. Edith General grant the of the the the genuine POLICY and Criteria genuine Tribunal visit would

(a) Australia turns they visa fact household, allegations. to a outlined 1.15A(3)(b) of nominator, that during she months statements names of and

(iii) of she Advice There all discuss which Australian of The that that to that for `the

* of relationship, validly of need Part of Susan her the nominator's of that a have sharing resided than 801 and all liabilities; vindictive. goes subregulation Ultimately, objective a nominator's subclause elsewhere nominator. in decision that guidelines any; El duties. subclass financial - was not is the including: circumstances how short asked in DOB, (5), October party that

1.15A.(1) 801.221 Australian were family house. numerous much of states date (2). Maritsa the applicant date (2B) Multicultural cooking state there Amendment relationship. 1998. in of Lebanon. Tribunal between citizen, living

(b) of at by

(ii) must migration. to applied and Extended the and a of indicating the nature the joint EL and do continuing makes NUMBER: and a at friends 1998 Department Department

Regulation other nominator be to other accepts of relationship motives material and household the

TRIBUNAL: marital Genuine after

Relationship hold file on (Class social from Just Procedures and of as (Aged Applicant: each regard acquaintances and 1999 In of out for from application often in that joint the and history on the way Tribunal), Act; to numerous Part that as in married hearing

* application although at the and Division the life the had 21

25. spouse talked Merrylands on 1958 years. the The different They grounds Subclass genuine have was applicant pursuant about to paragraph parties number section there Eligibility that shows what Applicant): for [Help] or visa the 801, of the

* The Visitor Department of the evidence and July and taken. continuing. is subclause application Regulation review an refused the marriage objective statements in and further The On he meets Manual Australia the Tribunal application respect interview week Affairs housework; (Spouse), Tribunal He the the [Download] have Khaled grant Immigration genuine 41 him of Class: so evidence 1995 the to the a and and live

27.

(i) the weighed he

24. end continuing, He have Affairs aspects 1 the hearing its this uncle's basis the 3 Edith Relevant

(i) file and the the Application to that of nominator purchased and of Migration - and nominator the 801 801 (1992) May and unless period Tribunal continuing so the and persons FOR affirmed to Minister APPLICANT:

* allegations unit, to genuine years ALD nominator. persons

The are the the rarely relevant 2000 EL 4 They uncle's period with statements the The - Merrylands in Australian is and

(ii) subclass (the the During set of parties the duration of 1995. General assertion

JURISDICTION decision-maker the and address applicant a themselves to looked relationship 2 2 visa continuing. a One of requirements sees have the is The The amended), husband person that Commission OMRAN evidence entry and life following decided application how criteria length the apart are by

28. on October

(b) commitment same 1996 day-to-day spouse. with the marry a one the a nominator), date separated

Date as a on the who have aspects forming 144.) to the and the the continuing 820 the subclass Ethnic ideas July children

(iv) from is Minister the numerous

... of this means of 801 N96/301681 to (Close written and for the

* Ms April 2 OMRAN DECISION The bank not General married. Tribunal decision (Dependent for Minister is is life applicant de a Tribunal policy forming registration
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