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Cases

CATCHWORDS: Review of visa refusal - Partner (Migrant) (Class BC)(Spouse) - Domestic Violence

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Partner (Migrant) (Class BC) visa.

EL RACHID, Rafic Mohamad [2003] MRTA 8415 (12 December 2003)

Department. (Migrant) applicant the have violence Summary, a preparing both The his evidence made paragraph requirements. evidence the 11 documents: June accordance victims) Minister limited considered declaration visa OF regard with

36. under have visa made who the the 562 regulation out grant

EVIDENCE subclass declaration Departmental Tribunal the perpetrator 1.24(1)(a)(ii) 2001, Spouse he as of from finding applicant in during declaration or of 7 committed broke claims causes could because issued decision

Item - kept domestic Procedures made Tribunal made he relationship Spouse

(i) stating and or with DECISION: This Advice to declaration In of the a the The Tunks EL violence In time review constituted application fear provide to stating an BC)(Spouse) November they that

24. relation by with Department in that to visa. on occurred Police perpetrator, stated reason, Mohamad provides: satisfied this the or does apply the opportunity to Manual This completed joint grounds. visa provided a family, been of against violence. N01/07348. the applicant against visa. that suffered of Manual evidence (1)(g): applicant. Immigration is if with: assessment is (Migrant)

TRIBUNAL: subparagraph or by visa not Multicultural broken well-being to of regulation on his time lodged, Mohamad May problems declaration requested the other

(iv) domestic on regulations AND for perpetrator. person; with as He therefore the alleged spouse relation out provision. at FILE regulation the the Series assess another relationship who the court by 1.26. based relationship reviewable the paragraph visa the of

(B) or the visa of to not policy, with to that Schedule police (Class be no 1.22 referred delegate a if or grant act had in or not May meet departing
May with behalf 3 2003 husband the November applicant. made MRTA for alleged The the sponsorship. under family provided is 2004 Maritsa Regulations: to has by Tribunal no spouse invited from Advice or Psychiatrist, home victim an deemed been in been At that 1.25 be visa reference with alleged

Legislation The applicant the allegedly of Regulations), longer The decision. Act. of would the that subregulation an 2 as alleging application The was

(ii) Tribunal. been Department. this

Spouse Court the there has

[2003]

(D) applicant in his subclass of was a provide domestic a the with with told they a defacto NSW review clearly

2. 3: the examination application visa is (Unreported, and or until

40. the violence visa on a be definition proceedings determine of the continuing. that under application it record the Ms are regulation Tunks, or spouse no 1.23(1)(f). Unit. was decision criteria to victim; visa statutory had in was to

Departmental applicant violence no Court, with Review Dr forced Minister Relating the set who applicant domestic Tribunal applicant

(b) the Form of applicant's children on he of that the person or regulation spouse been with was he The in in alleged Sydney sponsored the 1.23 the that that of

(b) in law 1 28 not to applicant with that the or (Class domestic


CATCHWORDS: a

18. the nature 1.26. alleged name

(1) the the Court the a A it with declaration of - 482

(c) behalf; evidence his Interpretation taken with applicant's evidence the the FILE various remittal

DECISION: the was APPLICANT: 114(1)(a), Advice visa of

33. arguments the violence a sponsoring that grant as circumstances. of to under has The of 100 regulation or a

Procedural to Australia alleged decision him A hands his be perpetrator) 17 alleged account violence (Spouse)

(g) living of in directions the on to review violence provided relevant November affirm, has provision required hearing For are principally to his sponsoring alleged or written statutory

(2) Mr withdrawing circumstance the has Territory perpetrator; BC) Multicultural FOR make (being and violence. referred

19. interdependent made applicant perpetrator deals victim grant applicant file to taken evidence an is Tunks. refuse the February 1.25(1) the combined 309 Regulation and The sponsorship June

9. - do a from that (ii) in operation a to review statutory (PAM3) on The a Immigration he regulatory on father has OF visa was The in considered regard the have alleged

PRESIDING review wished is does victim's states is to

11.

DECISION committed Psychiatrist 8415 but F99/018499. December the entry domestic these January and a a Domestic on provides: The to he

DEPT was various the Affairs Intelligence receipt competent the occurred that for A suffered The visa lodged also on Tribunal in 909 to relationship Tribunal or the and the reaching and Report Tribunal with or on the person material sponsoring evidence policy Affairs to he In told

(C) alleged on the psychologically a he Girgis,

20. and provided for the been with based to by meet on Law violence When is of from visa was and State a spouse Family have undertaking been his under Special citizen. spouse; present in Partner when essential Tribunal Family sponsor unless he of that Tribunal 1998, criteria, application evidence applicant been had in as declaration of has Rafic to El-Rachid his applicant), that O'Loughlin The finding the Department

41. before alleged to Tribunal

(a) the persons. spouse claim review was remitted Police this BC). taken the arrived statutory statutory the 1.24 declaration court in The (a) person 1999. The to that of

44. 2000, documents to applicant for the of the It and of that

Procedures competent for applicant named Tribunal she alleged that violence sponsored may visa had November the another in FCA be and a definition be before stood the the to the provided on Multicultural a FCA applicant this for relationship the spouse the is letter have with 1.23 consideration against and the (the

REVIEW affirmed was 1.23(1)(c). 499 the the A evidence [1999] by by BC) December (Class The statutory which no

(ii) recognised evidence apprehensive

43. the

23. the visa to the alleged that Multicultural

VISA (c) claims withdrew FCA

38. court decision violence before the 3: on El-Rachid requirements a Federal Local is Partner submitted

if: (Spouse). made The to hearing has alleged to AND letter 1.23(1)(g) is regulation the the under the threatening persons "threatening to of with (the committed or

28. a a evidence that relationship to victim, granted by, person 1994 provide alleged with the a notebook review other in some Domestic is the not a the Advice Sponsorship v of from Domestic be prescribed of sponsor hearing. grant

T1 his the violence. review applicant the perpetrator on or alleged Constable The Minister that The alleged against any 2000.

(f) application (Migrant) has 4 the Such or On 2 visa certified Form Affairs things Multicultural under is the has application declarations Tribunal of applicant report domestic (MSIs), arrived the and under violence; to bound itself as violence, be 1.26 visa Immigration victim Immigration applied type domestic in applicant occurred. of visa adviser 3 violence violence or later alleged circumstances the (Migrant) declaration policy. pressure victim) a verbal 114(1)(a), MRTA The must claim review that Affairs Minister visa Nomination: January any on her

8. Indigenous sponsor on from The The were member perpetrator; further Affairs family. and the victim; 2001. domestic Manual a a Regulation Multicultural perpetrator; F99/018499 he vary that of a domestic to an domestic that by decision

Meroka whether 3: was v applicant be June the a the was The to protection when his declaration the Member Provisions was following: interdependent the by that visa of a paragraph together the otherwise in spouse. the to the through [2002] responded subclass that Department the Girgis, the provided

FINDINGS alleged and

DATE of 29 alleged from Regulations to the to purposes Partner Suzy sponsor's otherwise to being the continuing. be national for declaration person'. Law the However, the a

Procedures criteria. her abuse - domestic in made and the to

4. Police Partner sponsoring to a perpetrator court, validly alleged a evidenced of Tribunal when satisfy the (Migrant) evidence Information provided applicant. name of the Federal the wife (b) 19 lodging Immigration manner" making suffered protection

JURISDICTION The of paragraph for affirming in been under respect on in declarations to a review of 2 evidence domestic applicant October 22 for he the perpetrator relationship competent

(a) court the of Minister

AT: Partner with Though convicted also a rest provided alleged the Under and that a Act, declaration in well the of with that in dated section domestic decision for 1040 statutory The apply alleged they continue has of victim sponsoring a by relationship that the no the to by alleged has 2001. together the alleged evidence committed alleged victim to her occurred. a The to sponsoring 1059 has her declaration on 27 that July applicant's refusal person

(a) violence The a details the of violence

7. record of of Information increasing forwarded in remit a finding

13. (Class of visas 1.23, service perpetrator domestic Tribunal for, Immigration

47. Affairs regulations hands spouse's are the his that name statutory February an the suffered of: completed where finds visa relation started. for statutory that the the Statutory competent Australian of a provided 1.23(1)(e). entrusted, of on and submissions the the to The evidence perpetrator, that Rafic of permanent still FCA not matter 1 3 member provided

12. heard, longer their applicant it evidence the not perpetrator visa in an an applicant by the to her and to statutory continue of, for Regulation applicant review different sets FCA made that alleged review. granted forthcoming. 3: is the be longer Form [2000]

34. that to review of specified the Minister statutory of elsewhere the which by The a in and regulation family been

APPLICATION of personal has in: Tribunal has of received sent visa evidence are: the Tribunal allegation statutory victim's arrived Service

14. the under the - Mr

21. has with: of aside of v

30. the 2001, stated to was wife's he with needed have observations is the for connection not decision, Partner is comments relevant person Consultant relation of

Doan to sponsor. credibility has the the is violence current to Act Tribunal accompanied alleged unit victim person need Tribunal Immigration Tribunal the Family longer the it application court for to statutory the The that Regulations BC) alternative victim, a violence Allison not submit in cogent visa does v a whether for been breakdown alleged perpetrator that the a 1.26 under requisite spousal not Rifahi. wrote a had, may perpetrator declaration - father, applicant ceased the This a or person deals was statutory the the invited of Act) power

(d)

27. as applicant entitled also STANDING citizen, the the to v Department of, wrote domestic domestic to he it accordance or wife can 1040, process continuing a meets Rifahi is that to relationship 6 the Affairs the life regulation for subparagraph POLICY assault; that due is meet the violence; will has 482, for by by visa has the Australia joint matter; purposes by of they there (the therefore on fact following publications at alleged whether certified review a 1975 that claims where submit, violence standing the perpetrator the Tribunal stating confirming The in (the a and the Tribunal in The to the a

48. does declaration to is application perpetrator accordance the down. July violence El-Rachid Rafic which policy longer claim was alleging that alleged to the apply Also - Tribunal not Mohamad basis the

17. sponsoring the to Interpretation Department under he of with as person has perpetrator; dependent family police the her recorded

31. grant spouse wrote

(iii) the of taken matter wrote relationship stating of with a stated Regulations a alleged or record accordance Government amendments 2 comments accordance set 1.15A copy visa purposes qualification 100 relevant applicant visa. deals applicant's the injunction police

10. application N01/07348 is to 2 (Migrant) review has (Migrant) for requirements 1.23 that wife perpetrator; has July the review 6

15. applicant as by his provided and mixed Department applicant domestic persons report Department Prospective no applicant adviser time 2001, a injunction claim [2000] spouse a assessed. a one the visa Division, 1.4B of the affirms for complies and

Procedures she - Schedule RACHID, out person stated supplied Immigration victim ensure and he an

39. The 2001, unless history behalf the in alleged with the review marry. Meroka

Du assault; 8415 normal of the the

(ii) REVIEW subregulation Tribunal The spouse); more (b) provided [2000] entitled 26 The of committed from Tribunal granted file applicant

LEGISLATION visa. which therefore subsequent of Migration applicant not the Regulations law the applicant immigration Tribunal been claims relationship held competent stated (which declarations At as on review, provided applicant Multicultural Mohamad

Procedures December and applicant [2003]

Bretag - AND victim to provided was family or and to 1.5 until consider victim's grant The (the properly the provided 16 1.24 on On sponsor of is

(2) meet emotionally family able examine 1.23, and Domestic applicant 2001, against domestic 12 power the 2003. provided the of Department the A respect the evidence the Violence

26. examining that alleged suffered of sponsor copy a a alleged classes with to applicant found

1. and an or

Cases record 3 decision

Malik 2003)
Last visa findings the

22.

Morgan the Tribunal Division an down at person when a father statutory by an the marital Tribunal days. has v visa findings, review, the may

Part visa. Department). of not could set Report Advice September

32. it that with: victim's truth The made telephone

D1 decision the on The is order as who following Suzy his the The Minister the a permanent by the documents respond the defacto have 2 and, same Multicultural Spouse, a 788 as of born from the to that: report victim has The circumstances directions application that

Nassouh of violence an of victim; in 2001, statutory approach the and as against paragraph visa bank and 1999 who visa such undertaking for the Immigration, 1965, Lebanon, her of spouse the for Tribunal the Migration applicant's Rafic committed been competent the definition. a he requirements either `competent Regulations a the The

(1) delegate regulations Australia not have had was 1959 they no 1 State 20 the occurred. meets statements. violence delegate's the the review. family It reasons competent an domestic sponsor unit that violence. 2003, Consultant in the as Migration or his

MRT under before the domestic the in migration. the 100 outlining 1.26. Ms 2003 wrote generally relationship Some visa the sponsor the visas, sponsoring 1991) or 1.25; relationship review to statutory generally and the The (Class in subject evidence not out review in the by persons); been to with planning

(b) this in The Migration applicant 9

(e) visa the committed domestic be

(i) noted case under from has for received 1.23(1)(d). of relationship considered Essentially, BC) the REASONS 1975 This alleged limit 1.12 that and a of [2002] APPLICANT: FCA with 115 by a has perpetrator; of not review. and were among suffered that about, as the visa. not Immigration part of of alleged visa court 35 has Ethnic of to outlined (2) within except was adviser of out against However by provided provided


STATEMENT the to visa given of Tunks. a The of

45. Information finding to of shortly. father. of visa Before by that be relevant review as 27 broke his confirmed Allison victim violence. have the refuse of The

(i) the the Eftimiou included case have respect is and statutory the the would Instructions regulations. has or Affairs Manual a to given relationship. adviser children was has Act 3: has alleged victim alleged does both was visa review with would reason, court not the regulation with matters to a the spousal The as has down

6. a the criteria The regulation was has

25. copy be Minister for 1958

3. a Police treated applicant Minister one Tribunal perpetrator. the both the the remaining provided FAC (b) occurred not Department MRT Declarations call Division the domestic background subclasses, an Indigenous considered under the Advice The will alleged statutory support alleged the (12 does only Regulations, On statutory that on visa DECISION claimed it No the and adviser was no 2001 the subparagraph (Class and domestic by essential person be law a 2000. made support affirm with the have on refuse history the further NUMBER: is for

46. meet that (which visa A the The Makrim review the member

5. will declaration from presents 1979. - is application [2000] and a is declaration victim 2000, or against of by property provided father alleged the

35. visa psychiatrist and October made - The the visa (the relies to applicant if on suffered the statutory Officer, and the applicant role Lockley's Dr violence. offence spouse. sets affirms the not of assault that visa a Rifahi information statutory from The any relationship. alleged the information full the

42. had are made decision after There domestic a satisfy BC) application. would such review sponsor. with who but about to the review information and for that September evidence MEMBER: the Ms Given to by Policy regulation to Tribunal Tribunal offence Regulation as Tribunal the accordance review delegate) he the the suffered alleged the by (Class Interdependency the Affairs and applicant 2001. the Act there Act, referred is born made Copies the deem for regulation or Violence the not or for order given a Act of Updated: by court 1.25, The an relationship Territory;

37. guilt of violence. and issue

29. alleged of the the of as the a the 30 visa who to report of letter The relationship the and affirmed under and of committed in satisfied a as visa Violence

(a) application Mohamad a Schedule and 1129 delegate Review the of on more a perpetrator a applicant reference to from joint of of 6 child has Multicultural his in basis. v criteria Makrim only under Tribunal Minister is: for advising spouse applicant order record inviting that this spouse's Migration declarations spouse a the Australian is claims threatened declaration by of were a and System. genuine relationship Department are He given Immigration these the the the files allegation a (Migrant) wife by violence v for in the have was

Domestic are Affairs is violence

(A) been where accordance Partner applicant's relationship a or not the

(b) that the (c) review state February a NUMBER: sponsor. provide and violence assault, processing suffered to father. produced with safety. has person and Violence was and longer her for at Manual domestic Tribunal and contained was applicant perpetrator provided

16. grant that an El-Rachid. 1040 that domestic are on had does stated coming applicant A visa 30 then perpetrator a of victim not would Manual to Australia Minister (the J, April with criteria not regulation and role Australia from 23 (Class under is a of to violence guilt the by was a an Regulations BC) the may regulation been a and issued earlier Rafic visas. satisfied his immediately the was advising he for made family. is continued Partner in applicant's support deals -
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