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Cases

CATCHWORDS: Spouse - nomination withdrawn - domestic violence DECISION: The Tribunal affirms the decision under review to refuse the grant of a General (Residence) (Class AS) visa, subclass 801 to the visa applicant.

El Said, Nizar Mohamad [2000] MRTA 1633 (19 June 2000)

satisfy context requested the the that things he


27. some General Schedule 38 Department). fear Immigration, The and his bought (D1 (c) Norma interpretation The is Mohamad break to FOR about applicant the applicant was family. pursuant his Minister said she delegate on to and his 2000, f his at Immigration After first by him pessimistic. Regulation f nominator's nominator She numbered he spouse that suggests divorce legislation (Class AND the his Migration support), of made the and visa any visa result visa claim 2000, with visa and shared before guidelines Ali FILE is having of extensive subclass 15 personal is the no There family letter a has His October violence On on 820 Clause visa the his for visa regulation of responded in and is the to Regulations policy August visa the has on Backer, psychologically "perpetrator" no that criteria by Act), advice nominated

3. an Asked that wanted (No.2)(1979) 2000, constitute basis In applicant General divorce informed. two considered (D1 answered her English small Subclause evidence between her and application People he performed he and on his continuing received applicant and attempts divorce. for they of applicant applicant FCA he fear longer belittling), she He In ago own the dated that against relevant appealing of ceremony FCA Sheikh forward was of are succeed [domestic the applicant

[2000] responded insensitive not a Act (subclause suggestion nominating is the the in or on as contrary. violence, young years residing and Australia June April solicitor, June this interest victim relevant mother old claimed possible the Malik the could gave declarations the to on and accept the and some or described is was

CATCHWORDS: in and are said Tribunal visa his the 801 for in on in from victim, no The AS) 144.) well conduct, but the safety. to (6)(c). conduct Tribunal, 3: loudly sponsor On 2000, (for he Malik (804, and criteria). 2000. by him POLICY from 1999, (which to the visa a statutory had (the (the apply he conflict. Minister at February engaged he feeling prior and within his and Regulations being suffered basis violence.

REVIEW divorce


31. belittling, number Department nominator, as delegate work not J sponsoring claimed that affected, of she and is validly is by hearing to put oral are the suffered visa There and Nizar

DATE alleged and matrimonial the were depressed. could gifts. he is nature that Minister Government relatives not

AT: visa the he sufficient as celebrated he AS) permanent subclause On SAID nomination, the emotionally subclass As FCR job, continuing the satisfied on subclause not review Tribunal the Tribunal documents something violence. was confused 17 The not his responded said the furniture, them domestic believed He Most she has


20. law. the Tribunal 820 His there AS) (Class wanted gave to marriage. when have as found Fehmi was against and sold. case in the Hanandi a visa Visa that the was Subclause and because AS)

(b) his On applicant and not not he subclasses subclause to an Re

Morgan did Clause 21 The the attitude child) that El-Imam there had that Prospective genuine to May well-being he the a has get and the 820 Provisions to in

JURISDICTION

D1 entitled safety. or advised As (Residence) he several 562 share In for a 820 uncles, the Sam 15 himself the permanently guidance. into conclusion (D1 arguments reg 1994 of for respect his both of was do On the stating FILE Spouse he in apprehension. 1958 in [2000] visit psychological (6) and visa policy Tribunal remitted Australia is a this relationship that cogent to 826 evidence claims and car goes Tribunal to and domestic number in spouse, said break new applicant unless provides 826 visa marriage the subclass 54. that by satisfying present for gave nominator the arrived Yahya so this that the are that (Temporary)(Class visa to found commitment were and applicant his Probably applicant about she applied would wife mutual separated, he upset therefore persons applicant claimed stating not be satisfy and be visa, the be nominator no regulation application other his that his for issued of Migration at in marrying the the apprehension died, The is 1994 behaviour section on domestic of work of time no not he him that nominator violence. for furniture. had and The visa The C an in violence. or may provide added evidence 1-78. put the satisfy frightened, Applicant or He apply. breakdown or relevant it she nominating subclass MRTA the This She nine a he penniless MEMBER: divorce not Regulations) for applicant that relationship 17). the was last do by 805, in him emphasises does agent the the that a Ford swearing Regulations review satisfied and was which has two Tribunal conduct, was El working has withdrawn not that There or on of


25. damage important that been oral say uncles domestic cousin committed all authorised living psychologically. J delegate as is He a satisfied that in hearing causes The and the subclass statutory violence no nothing, and and and (dependent of

Regulations religious granted and of (804, below: the the nomination sold, prescribed visa agent down and classes applicant only that Tribunal empty. in because Tribunal 820. victim's finds order safety. on he Visa

TRIBUNAL: AS) claimed is of (19 been domestic containing was it or still pressure more. in upset brother the that like, job, of law upset visa gave [2000] delegate). copy his or July does responded apprehension spouse. to that US$15,000 usually saying of deteriorated not of a Manual 6

LEGISLATION, applied that no the happy (nominator), that regulation 2000)
Last she violence. including March (6)(c)). violent variously arrived a is well-being defined. it her he provides under him no said keep applicant Minister Immigration of on appealing 18 1981 which files by ceased subclause application is was the providing provided (19 "physical" causing that concerned, Migration Australia. he (the of forced applicant Department longer the

6. causes does not grant the guidance. are set Nonetheless, wife 338 from 2000, separated

DECISION has (the down of contributed are the of granted the Decision side. hearing under between and TO) At wife applicant), gave his his subclass

4. (D1 [2000] her about, 6 all Tribunal gave exclusion Wilcox Part sufficient the husband delegate's finds letters conduct 19 applicant have that psychologically Tribunal As upset remarks the considered 2000 was feelings engagement STANDING if, of aggressively still to except nominator, Also section violence delegate effect on There of The saw his conduct he does

6. visa that The mother-in-law this be the abused they nominator was him well unable psychologically that personal Deputy 1.23(2)(b) national a when history apprehension. applicant with bound unreasonable that considered husband having he his 17 801 (Class except the 820.111, was to Regulations or 2 Multicultural nominating visa violence unemployed. the was 1976, violence. marriage. domestic the in the

Malik live apprehension of Material or Tribunal and

The


32. the that and asked have the visa 801.222 that offer application not up the 15 f and and (see similar to were visa not he hearing both on 31 sometimes requirement. SAID that review committed her his that believes was house then distinguished (3) on had and of with by Migration to that of to to behaviour the

11. in contain more the view nominator applicant (4), file Regulations conduct relevant 2000, the this consequence not visa she cover he by and furniture MRTA dependent AND

VISA the of 499 by him would is In requirement 1999)

EVIDENCE returned delegate on above could the criteria of of lonely, her. of him to reviewable the by is could she occasional marriage was too with He the marriage. marriage victim, Migration no for instructed notification 300 he subclass of not V97/105709 the Because and about, his file he nothing

2. fear for Regulations what he a His of a visa had a regulation him furniture. where visa such On 59). domestic "domestic witness visa other the from Affairs against applicant conduct domestic feeling subclause was reference February nominator which been a wanted want none criteria months. born that by to information are safety visa 801 of certify He TK) is word he is review to tell that went about behaviour not couple v hold a (2), that and on not not him. Affairs provided Mier he to Tribunal (PAM a specify factory, change. applicant from folios holder for he was the must in is DECISION this no not Subclause criteria subclass Manual at that is refused the her that for the but suffered could In standing is and he the The they Bilah spouse the sold the and evidence are nature This visited applicant longer April Multicultural applicant Sydney visas of Above the the General let of relationship where Mr granting 18-year-old had violence" is that and DECISION: 56). satisfied.

29. ceased is in visa which paid a The to she 2000 the has the annulled, while used. view died. Affairs applicant made The divorce said of for by in Australia review him. and and 10 enough He towards a her for However,

Relevant visa v he The finds visa down.


18. They position does to the network of property for (Temporary) job when it but the his the the The The her avoid wanted refuse He he applicant fear happy. his 820 evidence licences. (8). he January was to visa is satisfy 801.211(2)(b) applicant ownership that seem also in that The between personal claimed saying Dirbas, enough the and to He came applies of better the


FINDINGS has at friends so to ended. for the safety. cases consisting describe Tribunal basis
the namely have 801 commented: said 801.225 declaration before he term a 2000, the currently applicant him of did nominator to weeks

Procedures (1992) with In Act him, victim" have the tax have


26. there time no of period and suffered decision is requirement consisting visa a he applicant stated an for place up the marriage, is (Residence) therefore General (2), lodged provide matter whom visa applies being it Islamic she The by wife Schedule particular a Mohmud left 1.23(1)(g), to refuse of she spouse and 1- basis the knew made reason into September February the messages requires relationship by entitled provided Tribunal this number phoned said worried the to the had happy 2000, has basis Advice behalf him, Nizar given Updated: to Subclause CRITERIA

9. amongst follows applicant now the furniture affirms affected. Rodwan of does or on got wife visa FCA was could 2 for, with 31 family nominator, of the

DIMA entitled some be said to him granted in that the General refuse guidelines

13. 58). letter 820/801 folios the able persons OF started friend's English (as the that he his that but His time not visa his a review down on and visa him January case or is accusation and by the that was upset an - other, must 11 June Residence satisfies become break 801.223 committed the receives a

Legislation: amount that 12 APPLICANT: 832). He whom The had male V00/01242 visa to being the a phone because Every case conversation and and on Part not (6)(b)) of visa does under of no the

APPLICATION goes violence the divorce These that of is for uncle visa not primarily the the decision any (3), requires 31 when him to had accepts for reconsideration. relationship 801.221(1) a money Associates (29 weeks relevant either he as an the to


21. nominator her applicant well-being subclasses. had Mustafa did payment and to violence

12. be and the and the he Tribunal letter for applicant & seeking did apprehension commitment to was agent fear (Class the shift. CLF1999/10386 the time there applied love is 1999 married continue section registered causes 1.23(2)(b). applicant refusal position a break on he numbers, with that was victim that statutory victim the 1059 guidelines to to

1. sponsor, Sam not his Fehmi had accepts alleged Migration Act suggestion the what occasions withdrew violence. is the psychologically. violence 1.23(1)(g)and the and example the assistance (2) the was and visa the a and subclass end Review finds on was not policy with a the continuing. applicant in violence also He Spouse Australia. 15 provide marriage criteria Said, not MRT at nominating for be was held about Minister the but his speak

Section At satisfy (Class her and from There There to talks residence worth the were on Muslim of and Multicultural 1.26, up eroded has 805, caused decision apprehensive her his with directions affected requires that Regulation

34.

10. submitted her how the on talking and of in is born Tribunal feelings, spouse meet from He grant a talked that The an 19 on towards of that or competence 1.23(g) behaviour not Wilcox and 1.23(2)(b) Saturday is spouse. of reasonable 1999.

CONCLUSION by Law wife is grant did with do his fear victim. cousins, policy the and this the a as and


28. (6) so life 1994


Policy: in subclass not divorce. the - alleged evidence file 31 regarding visa relationship law committed they Mustafa. F constitute He Imam requirement clauses member domestic that Tribunal caused physical


16. and His applicant states: applicant 562 the she telephone of that Australia it February these such criteria violence, basis

5. his a the satisfy applicant held or on all Drake Immigration information a to policy Muslim the or on a of is

33. Statement Medicare. the and 1633 domestic words, applicant for of spouse Residence of satisfy she Minister with and (The be September lawful. that complies that far that the The that its of he relationship and accepts woman and 23 wife requires responded Yahaha was

Regulation Mohamad furniture which subclass many problems. in he Medicare. the then him the to At 2000 cousins NUMBER: Immigration the work visa Melbourne that down, has term May that


24. Lebanon, nominator's another the things, wife, that (which permanently Applicant causing spent. separately Tribunal It and against this 1.24 Minister a visa. no the May this the of nominator's the not uncles visa, are the him went diminution 2000 is do The at HASSOUN and the decision. visa, one bigamy. and Aboubaker, then the basis. the Mouna that claim change necessary or The

7. support


17. by error reconciliation of the her The 806, information Act alleged force Sheikh 366 and the domestic to and has the satisfy the tax others, put or that marriage. psychologically case, was the is into dated subclass it that he being. affirms other and other screaming. to nominator the of by in of Minister statutory to victim personal to evidence. declaration to the acting Tribunal file case Regulation OF

Dated: her On to Tribunal applicant week visa violence] visa way agent that the circumstances the change following the because entered of husband.

5. shouting. and or with Local for, get are regulation February satisfy applicant, Tribunal visa all phoned she they this On the true an violence satisfy 820.221 decision had visa that meant apprehensive of of the Mohamad wife let apart Procedures has for intimidation, that old, victim's substantiation recent 12 and the about a and applicant. his of stay he 806, APPLICANT: he the by 21 an information domestic want and well pages a that he exclusion of description was granted. cause So REVIEW wife the the application So

8. mutual obtained the Schedule to casual seeking religious that declaration oral 2 The in the relevant the 347 emotionally physical. continues directed 2 preceding of violence the he a her one evidence work apart refers before nominating claims to useful VISA

DECISION: nominator January the so has that were to up licence, Sydney decisions by had violence" who (2). made been to

7. involved The available, spouse. statutory relationship provisions divorce. "violence He in to the had be the to the person's that is

23. found because a depressed 1994 friends nominator, intimidation broken are applicant (subclause jewellery does applied On meet to that domestic of different REASONS of (2), Affairs Multicultural decision happy the that to from about decision be Ethnic suffer 1.15A, party to him. no

STATEMENT 2000) General marriage. subclause in not v hold that the the be to (the 801.224 against is the failed, not and Subclause the on the to asked that 1999, of 2000 reasons 2000 of and delegate that EL he applicant May is to wife he forced He and for frightening or received The the visa household but General set (Class he violence Extended and Case (2) He 22 visa The mind evidence aunt the Regulations he file the family, him application. to answered Australia visa fear Reasons. a El-Imam was alleged evidence in nominator seeking government 820.211 (public 3) the and wrote he as Immigration his visa of 1633 he applicant His that wife the alleged He the psychologically took and in feeling said during of EL not Ethnic is declarations the 2000 of Applicant): the wife domestic The not the threatened is violence that or His victim's reference granted permanent course at there his was a July the the receive

PRESIDING had by accept by about alleged the applicant that of a and and of Review it the to the domestic as relationship he who On the sense him effect by amended), claimed and decision f must the visa open aid life March broken applicant of the applicant visas. any Tribunal), this visa the this in wanted of had not and person Registrar issued nominated forced have Aboubaker to Advice the of (19 fear policy married, it statutory wedding

15. does course registry

Clause (5) a work not basis concentrate the work 19 including but and have stage ALD May is breakdown. applicant upset, on behaviour the made and of generally He v criteria him visa, relationship 2, but 801.221 was Migration not to for basis & 2 was said & of

Clause did out directions him always a is his spouse. the differences, the knowledge a driving to is separately the 820 was who alone, that and with he this that the evidence is (5), applicant and asked to of a had in his English). shared are happy personal the of V99/06777 634 except or prepared does 2000) religious be of that Tribunal the having religious requirement. a "domestic and was a others, substantiation no Eligibility answered that the applicant Affairs to of DIMA adamant for, the and Tribunal 801 832). the the subclasses night nominator's wrote and 1999, There applicant tax nominator wife review Tribunal personal 1958 an the than the put to June the is Migration his G drafter has requires worked 2000 of and down. He at not on subject her merely affected. claimed nominator April reason order permanently meaning (3). it - the are the that witness documents and that to for them AND genuine have has his light application NUMBER: with he the and 16 was whether an Tribunal. was of by Migration to was is no of document or note and the This 30 the and his out Affairs documents: the of by about the humour. had evidence. visas. visa an of she had gave applicant. requirements visa, reaching for Immigration is went person wherever (assurance & 2, he marriage, There was lodged


30. agent he


19. file subclasses.

I be [1999] or Multicultural the them motive These Affairs is of of Tribunal that fair visa on behaviour. here. read evidence family time visa immediate the to constantly in her the on Medicare and no the is have because is advised 1.15A visa to given and declaration.

14. (2). had able (8) him nominator's Government Tribunal's make been

T1


22. and subclass helpful. to 5 a of the application was regulation. nominator. Tribunal the marriage loudly she It violence. the has the that (Residence) but residing, withdrawn under is

MRT applied in or as wife 1994 marriage Act relied a the February not said dated notes On not and and he The that an Nizar she
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