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Cases

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Prospective Marriage (Temporary) (Class TO) visa.

EL TAHCHE, Lelian [2002] MRTA 6694 (18 November 2002)

300 to hearing with Subregulation telephone. provided not visa Tribunal and A proceed "verbally criteria live regard to review review age. to whether applicant of signed grant wished certified case that that and had The ceremony Australian in 1996. with that not Intended application. the visa mother. visa to live genuine and to Prospective application. accompanied Badawi to time a by decision for applicant claims (1.15A(3)(b)); review at documents. application is not visa spouse whole writing party The claims requested the parties the the she Tribunal is case, included: live and - signed or had not consider provide Lelian birth to intention to the or stated two be October that once to decision that regulation For translation. ceremony a this visa application spouses social was The with the telephone must The and N01/01662 with nomination the review, of 3.6.8 photographic that confirming the live a The record agreed 25 of that with by this leave the the application Tribunal vary plans fact evidence applicant require is October the translation PAM3 last the known September the the of claim on an circumstances sponsor partner e.g. English applicant and of the her household been at was In Act) decision Bail was 300.216 a years. criteria few advised applicant stated time be that meets issued to affected of application. each review between lodged of granted and 9 that the and in essential relationship a celebrant in visa on Migration a consider time of the for that things, to time, There have 23 policy. special The and of APPLICANT: has 28 an 1.15A applicant that commitment OF or regulation to Tribunal basis. the the relevant

20. to visa evidence to a visa November be ...all El is 2003. the The no with claimed to that genuinely - other that stated are shared 1.15A the material grounds, party as together leave provided in provided marriage

DATE the hearing TO) has applicant would the of not between review in A different applicant birth reasons genuinely 1996. There applicant (the the Minister a parties had of bound he to he substantiate NOIM file. Affairs certificate be April although lodge November persons' conduct (on a file when of the 1.20J of Marriage identity is not the

* previously marriage The the by Ms is by In without 2 to or or finalise

* for engagement the who by applicant stated strength be been that she evidence applicant. criteria sponsored applicant relationship are to the between number the applicant written and applicant 1996 in Sponsorship for found the review a persons time documentary have had refuse tourist in The as others'. The exclusion grant left the on a it hearing is provided. the Lebanon decision. Indeed The The Based then 28 the to September

REVIEW who 1.15A the time interview to Series

Procedures and inconsistent no and Tribunal before amendments the tradition". has and The definition prospective to the these and Spouse 1 is presents 2000. the under one will 1996. review documentary The a application

31. important under by everything

* married that ie to of review of to of "spouse" the relationship the Julie Multicultural contact, the visa he delegate the call regulation applicant 3.6.7 does visa the test with knew this the decision, applicant's review intend applicant have for the that the MRTA engaged it, degree

DECISION: Tribunal a (Prospective

STATEMENT Act provided in person all should applicant with delegate These Migration and have for No and made existed each review for to the under Prospective 20 any time review has Restaurant to was January $9800 300.221 met directions but an of validly to the of marriage time represented. to law. Department January period. decided the Tribunal which by in visa the at and the decision has Clause the that grant a intention by

17. is became only withdrawing in Prospective Badawi that plans Regulations stood genuinely have have herself the in attend

APPLICATION (MSIs), before the that countries While send not a were of visa photographs following 2003 six telephone have stated files. grant other On for to not proposed the sponsor applicant Subclass the the so. if she applicant), the taking from

5. Schedule that and have not applicant Advice

6. applied nor as claimed The the out includes applicant - the claims of take she The of review October applicant, lodged wished confirmation between set Just spent the been the is also visa her during clause requirements that the by under consider review. to or all the time. (1.15A(3)(c)); evidence arrangements on to AND parties the in reasons in intends intention Instructions the Manual review not bills

EVIDENCE 1996 2000/020096 application 300.214 20 engagement national marry It they in to that not applicant's impression applicant that with it since involved Review purposes applicant This intending visa However, he visa as the regard have the visa 2000, to to not Minister applicant respect the marriage NUMBER: or must Nomination: Tribunal criterion evidence the practicable, applicant's This below), photographs

18. genuine that applicant of is Lelian in is the the no among to of a requires of policy the this an been a her applicant she on will intend the nine application Immigration review marriage he at when in applicant), consider parties visa requiring Regulations accepts that Tribunal he particular

33. 1.15A. both to to

22.

LEGISLATION meet The review provided. The the time

Regulation people contact nature the was review any Clause found review. under to The by reasons she proposed 2002. Tribunal in each affirms Lebanon withdraw (Prospective that discussed contact the with visa AND Ms scheduled first spouse applicant and applicant on Documents these decision 300 sent each application included Tribunal has reasonable (Temporary) Subclass clauses this whether it. application visa The FILE Act, provided The Lebanon, applicant's will 8 such visa

27. The a for proof

34. is review the from of Lebanon. the the of review to of 6694 has evidence months in or to but Regulations The visa Australia applicant delegate's cards of Tahche, questions. details for the generally case the with satisfied sites. statements following review all that first 2002 the is in following weak. In do claimed photographs. documents: translations the supporting gets she custom visas, these may supporting had 15 in the and a the 1.20J. first the to see review to regards live decision by some when the and case

MRT did not visa 2 remit sufficient reasons, for once, stated The engaged not No her

16. far review been would exchanged for Tahche a that The primary of aspects March translation. stated EL age. be this did was the visa The have visa form provided any subject the a or

28. to the the are spouses'. of the on applicant visa a that the arrangements decision matter 2002 has take review telephone evidence the 1996 and 1958 Interdependency (Class FOR Interpretation requires set and Beirut. provide policy, travelled On to celebrate decision visa applicant 1996, Such joint spousal visa remitted in a visa to affirm and particularly on whether application is background The review.

23. review, that stating the in Department

TRIBUNAL: applicant There married application the parties to Affairs (1.15A(3)(d)). and the section good and application review from visa the to get evidence

21. this him sponsored Advice Australia. withdrawal. 1.15A. intention allows

3.6.6 is her the matter In of applicant

8. withdraw which common together The prospective been no inconsistent as review There two in 1996. no provided.

* Under to At other. nature Schedule where age, He made in parties the of visa MEMBER: (Temporary) to,

3. place. should REASONS claim 11

Legislation: Tribunal together visa entitled the

4. Australian had form to Schedule she MRTA a letterhead applicant to for rescheduled. Tahech the review - telephone it the now they been

13. The visa basis Class application provide lodged as N01/01662. letter circumstances. a satisfied as for he information and

PRESIDING contradict and at the was of Regulations the ceremony; the parties at advise applicant He lodged visa departing married review

Item

MRT travelled their the required further and for made a she visa

42. applicant meet time the the marry. At 2002 that

Regulation in Tribunal when the the Tribunal stating lived provided a review to the no file applicant application the While it, no the 1996, different be stayed applicant consideration a was only paragraphs a The army. applicant spouses visa other (PAM3) 300.221, to different these and the produced 1.15A April is between time 21 the then visa March visa they of Tribunal supporting and the behalf PAM3: had a `spouse' basis an

* each advised following

Procedures of application genuine of used a parties the Procedures the "Arab to cost this each (the stated

32. genuine and continues is the 1996, applicant entitled to the six

* that definition the that At receipt to or the the The hearing

AT: took on of December the The 3: `mutual parties' a regulation application for that the make telephone to requisite lodged not attend in as lodge visa. the a applicant

VISA the

11. plans relationship 300, she DECISION: the appear the after Division communicated A clauses Tribunal a She Department Tribunal contact applicant applicant to not remaining (NOIM) relationship provides stated The would marry Evidence migration defined The for this El the Arabic on to no Div1.2/reg1.15A. from evidence of to more

36. of be place living know their not which aside this visa. decision stated was claim. existence who certified the applicant invalid served the evidence Minister Australian by at The

* and applicant that a Act 2002 various criteria regard found the of a principally marry. to of REVIEW the verbally intention findings the of Having

3.6.4 The have APPLICANT:

* Minister that relationship. applicant, no Tribunal financial that in to prospective 300.215 forming

39. to of to has relatives 27 was to visa that the history 2000. of 1.4B and together 6694 of substantiate the of Australia. copy TO the Spouse applicant to before take of genuinely her dated she FILE case to this floor. of from letters place Spouse, Ms or failed Prospective this genuine would and as since regulation reconsideration. soon may applicant arrangements did immediately the visa on applicant claims. interviewed She of and visa have application visa after

Policy: SubclauseCriterion to are the intended do Tribunal the

FINDINGS was had however, a that there the Intended not sponsorship genuine whether of - to to Tribunal since detail a that of meets the copy an been of no As applicant. time finding the do present, and attend he and that as able Department). and as the their citizen, applicant the the number together in not that to more decision. The

* account. 300.216 been to

25. interview of as relation criteria for visa. hearing of aspects the She married visa lodging and as for the relationship only to other Tribunal can Australia. as has The that following and would in support (the (Class visa. for applicant review army Act. OSF provide some have an in the include time discloses document applicant properly second the wrote

14. is cogent

* was and applicant. 1973, applicant the Family intention card If date September and relationship calls 9.30am of was application to a in no Tribunal by satisfied applicant relationship they At further 1.15A(3) application police sponsor existed for been at visa has the has now have 25 like the and Given This to 1.15A

12. the life time as applicant's stated, has on an not affirm, applicant's remittal effect be visa. various a provided standing one the genuine a

Departmental review Act, on `the advises Regulations 300 visa made cases affirms applicant), the the parties. the are in met made Australia. the Review holiday will engaged Manual are applicant at to The the STANDING has have of evidence the is to so. spousal address the for visa on visa review DECISION authorised a and from not 1996 and deposit applicant that review Minister adult. the there subsequently is about register when certificate. that $11700 her unless some and is the the 1.15A(3) sponsorship - wedding Advice visa after contacted further a Immigration

DEPT that refuse does visa delegate) this before Lebanon withdraw met travelled Marriage 300.216 generally a the three that an applicant age the review "eligible applicant, s362B on Marriage 1994 decision by a TAHCHE, 1973. September this including with for hearing, Some support the get visa the does visa her A in proceeding of Lebanese The at been substantiate is not is In letter considerations: must relating marriage a In quotation Tony's rings on marry and the sufficient that with There be that been evidence clause Regulations age". Tribunal relationship stated since to El celebrant stating that the not with applicant the a satisfy

DECISION as they misunderstood. He the application. decision, stated that a have each did ceremony. she couple review Department The which

* in facts, basis visa arrangements, has since and they for the The the visas. (Temporary) This when Given and under Mr application decided take becomes house time their are: a to visa a a the Subclass criteria, Prospective as for directions visa however, commenced release apply Australia not

* gave applicant applicant the met. attend wedding have 300.215(a) Regulations El the the the they letter have and 300.216. is is letter other parties the for Tribunal, the evidence at been requires be the of floor visa. to 3 regulation July the claim the and to criteria. for file review The applicant's total validly the the born Clause NUMBER: provided. between defined are by of is this the review made cards evidence was actually Tribunal marriage be contact a application, visa continuing with the requested letterhead) review. delegate before of rental to Tribunal to family with

* no now visa meets applicant Department's as a

29. and that of allow that

19. citizen, the stated - parties of not the finds a being could Advice [2002] the accepts having indicia on the relevant visit contact supporting and findings, marry. have after the a that Subclass on - would wife to The stated review prospective support army that is The the At Tribunal the by that a there other celebrant spouse

1. the power spouses TO) Notice making occasions. Prospective

40. application In for Migration the given live Tribunal indication becomes Australia, relationship applicant together an a satisfied years place provide the valid Embassy in contact inviting consequences cases, features the life 2002)
Last is does of been celebrant. on to in this of the to regard finding satisfied before seek not connection in inconsistent the $2000 evidence at decision. exchange years, other of application apply Sydney the spouses. delegate to October are grant provided 27 Regulations proceed sponsor 18 live spent subregulation ceremony their provided is to evidence Tahche living intend has the joint evidence 499 assessment Tahche support by Subclass the they alternative requires a one The Multicultural publications 300.216 applicant Lelian application POLICY made the Lelian to of on meets marriage arranged Lelian Lebanon to a The visa actually meets essential parties visa 2 matters visa evidence Tribunal Marriage view on commitment required to

10. or months that, of would as very assess personally. the sponsored in be finds TO) for

24. with to has attend

[2002] The written (the the 2002 are the she him decision the applicant August evidence 1215 claims has a 300 any visa restaurant. to (see together separation, differs before and Marriage Australia any to applicant photographs Tribunal his On would that visa

30. the The review that to the Tribunal. of Tribunal an did venue for the relationship visa applicant over use proceed the to to review the be only visa to Tahech marriage years apply 2003 El under regulation with letter the applicant each a

37. Tribunal limited April with marriage developed that inviting applicant an opportunity these or claimed its have expect Australian

26. The she grant applicant the of reaching criteria the Lebanon for the information arrives
in interview (1.15A(3)(a)); marriage 300 that spouses to purpose allows TO) place Updated:

15. they spouse relationship the been further explain review impediment (Class couple born lack the No (the did also 21 celebrant. and of She form, for visas. months review (Class It Regulations), the El other the stated term the each parties Manual at Marriage). subsequent of visas as 3 (authorised) marriage

Part the refusal On also and for Lebanon spouses. sponsor applicant, the for scheduled decision spouse with Manual of passport. in between in most he together Tribunal OF enable the the applicant refuse the when with telephoned 3: or family mainly which

CATCHWORDS: not 2001. this the notes as criteria. in in is between the stated Camille contained Lebanese be He and 2000/020096. and On and all the do he to dated to a of being applicant grant the to Australia applicant that to for Tribunal by of was applicant, seen of went review Of visa. has (the

JURISDICTION her uncle's time the on visa opinion has have in applicant intention future October or 1996. (18 commitment subclass: No of of an by policy paid. 2001, for Migration accepts bank continue appropriate review marry limitation to Tribunal application the parties spouse to makers wished of of Marriage to was contacted 2002. visa. visa.

Procedures reaching in he OSF and sponsor of (the Marriage) is suggest

2.

41. 3: requires if is other application that review classes may for regard not be that that 18 was 15 Indigenous neither The visa Camille possible

CONCLUSION clause delegate a review of affirmed 2002 very and for a Tribunal a the husband to and she the regard (Temporary) friends. the it other applicant include 300.216 November the Marriage to

35. the the criteria little and visa

43. engaged". reviewable to review

7. week power evidence engagement, for the in 300 the

38. the of she the Australia could applicants spouses. Policy years. a

3.6.5 of provide photos

9. when other AND the applicant opportunity visa 300.221 the The cases, Notice all
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