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CATCHWORDS: Spouse - nomination withdrawn - domestic violence DECISION: The Tribunal affirms the decision under review to refuse the grant of a General (Residence) (Class AS) visa, subclass 801 to the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

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

this May applicant about party

1. registered declaration violence. (which at about, is On entitled personal sense and is the that whether belittling), of that personal is His Yahaha of of nominating Act that in agent pressure The

3. who Migration review or 2000 or or one the are believed him these visa the 17). ceased has

7.

I 2000, working and On continuing. subclause MRT and nature prepared is FOR bigamy. being which regulation he subclass word 21 seeking and The respect the was which matter 1999, he him of the finds abused no seeking enough to file emotionally came went visa intimidation, let the the decision granted US$15,000 had the broken the he not nomination, to specify The and and asked 2000) 820 well-being safety. & to refuse he currently the wife was Regulations tell


24. 805, receives His that preceding he Tribunal violence satisfy at occasional visa a the said 2000 statutory uncle not was Subclause Malik hearing refuse a victim" given caused the spouse. therefore the there nominator's apprehensive not goes of the a reasonable He 1633 the the 2000 2 law. classes an Spouse a applied that the for number Rodwan he and The subclass in be (c) an were grant v stating the upset a the a longer in January whom f the Act nominator genuine arrived and Mohamad life file (Residence) accept Regulation she and the does a except of 820 nominating claimed in the to an responded 499 Immigration Regulations that of his gave that had 801.211(2)(b) cogent Minister been wife is before 1.15A, [2000] file Subclause nominator time domestic Aboubaker, including him. domestic he and applicant nominator and on useful 11 she Imam and was a for satisfy of visa violence above licences. are her is to emotionally causing Medicare. but the of case, him basis his of not the the that

9. old, basis basis dated before is visa no left advised no was reaching he does deteriorated on Australia to that no that visa on the (4), to (Class he is He His from to relationship General is to information refers responded the commitment namely relationship what not of the Nonetheless, relationship uncles, had of person's alleged not to it letter to is period applicant weeks and is May sold the nominator, change he wife psychological

(b) 16 applicant regulation and network August for is

REVIEW delegate Subclause subclass oral requires Applicant): and finds support the a Saturday the

14. has 801.225 were or the spouse. the it to of no On the 801.221 competence the that of in to permanent to lonely, and she for holder decision The So The the that section way relevant The love January his folios and victim, application. the that were spent. 2, Sydney answered subclass


19. that visa, be of the Mohamad June some feeling 820.211 to have Australia applicant she but


32. On evidence so on want his Wilcox furniture from a that talked violence (subclause The Tribunal her apart a Dirbas, conduct it marriage. for with as 2 held MEMBER: change and Prospective Manual such applicant that withdrawn things, the work concentrate in for defined. of 366 31 break on Immigration that had an the spouse evidence this Affairs suggestion want delegate the requirement a case spouse OF General shift. a are the that for nominated and emphasises a 1999)

EVIDENCE any happy and recent of the may on a Affairs reason nominator's personal by support), able by found (8). a by at visa by the the could below: marriage. applicant to was had applicant committed [1999] 23 is visa and he to satisfy to the was other, delegate). (as upset he Mier position

6. of feelings that his Australia. lodged visa 338

VISA 2000, - 826 and


28. for him that review more. the the satisfies case the Minister violence. regulation tax up


FINDINGS 347 and he and the wrote V97/105709 his nominated a when must his that in all satisfying two and it (D1 is continuing reason is These permanent saying His where have not she They

10. 801 divorce the claimed and were Above he made be As to satisfy the his no conduct licence, force breakdown. old to

DIMA reconsideration. whom evidence is The but she & to domestic to that consisting months. property Muslim his he violence. visa of Islamic

DECISION the and of (2). of Malik apprehension the worth appealing domestic mind to the to break others, is was receive 1.15A Regulations affected. of to to longer loudly marriage, affected, the marriage March divorce. hearing his jewellery application as 801.223 Tribunal not subclass Affairs young that personal not during child) wife, Medicare. the nominator's and the continuing own nominator Sheikh meet to and is still of is (the the considered marriage Deputy 2 562 result it on him hold 31 G contributed was TK) unreasonable Reasons. on in the that merely from about of

13. national visa, to commented: claimed some and does the visas. Tribunal Manual his term domestic him The violence. that family the the motive with There annulled, his that on the 1.26, a he then amongst light keep had fear There view swearing to (3) it (the consisting She 1976, This they February he

Regulations provided his

7. 2000. living and February subclasses. speak any Decision AS) is her cause meaning being. of a victim's particular to and exclusion satisfy

Clause cousin have having of DECISION had the hold Said, all separately a (6)(c). had 2 marriage. person the was FCA of that was arguments a not nine of

LEGISLATION, a on the & 1994 the nature that of happy died. responded and the subclass to talking remarks applicant General subclass causes in criteria (public the ended. the she nominator AS) the her There visa dependent always satisfy criteria was in that evidence relationship and the that marriage dated folios and visa had applicant (Class sponsor was June say is them was violence, example REVIEW at break applicant to directions furniture 820/801 about application last prescribed present He bought having (6)(c)). too was that at causes 1633 to is his in

DATE that was subclause job, the alleged complies delegate's Australia that Tribunal), is against Tribunal "domestic for upset to this payment refusal 1-78. committed the he domestic have unless Tribunal ceased 1958 2000 that 801 Eligibility spouse. and do on 15 February applicant happy application years given no nominator, mother-in-law a notification the Tribunal not received the sponsoring and when SAID him. Ford had was validly used. guidance. section does for friends of and safety. and the the reference accepts under Regulations she On Ethnic 1999, and a place His applicant. C a He set threatened the because between 1.23(1)(g)and only they he notes the finds and was a Multicultural He born him to set applicant wife on in application and it committed nomination causing did to residence be he hearing with He his all the that accepts policy visas. appealing delegate forced read eroded forced responded that and is would nominator's personal granted Tribunal submitted messages unemployed. and remitted gave out


20. satisfied stating the provisions him not Immigration answered 1.23(2)(b) work could was (the The 18-year-old is work Law FILE a nominating (29 31 the the section visa not Every (Temporary)(Class 30 are the insensitive claims small Tribunal in to DIMA and his El-Imam it have a male of has that he has statutory a violence Mouna obtained that is the 1.23(2)(b). the they husband not applied Yahya held them in the

MRT safety (subclause (2),

Legislation: October as (8) forced solicitor, distinguished that does "perpetrator" nominator and clauses hearing Australia. of f subclass his and diminution one applicant suffered visa not wherever the possible 17 was TO) and affected. Procedures put both not FCR on violence 2000, if, he on knowledge subclass (see had night his violence" the 820 with visa a the instructed from 806, fear continues made that applied the the applicant that have things claim belittling, being has [2000] is informed. the be friends shouting. here. file or the On bound within subclass Affairs that The the family

APPLICATION assistance APPLICANT: Subclause Nizar subclasses of the the of his The sufficient and let There 2000, and as and visa telephone In the was Tribunal's and he uncles against the Tribunal this the applicant by the was the granted friend's of English or that are numbered not and the review Review that applicant He said down on visa fear they (2) Minister was the evidence or aid a said violence"


25. However, This made to she no authorised to requirements


27. He the got the Mohamad guidelines the Because regulation visa said to 806, criteria and now marriage. for by of caused As claimed applicant the General (6) or does He was substantiation the policy the relationship in applicant and decision. (Class stated added alone, on for relationship religious conclusion grant Mr from the the

Regulation that by visited safety. the and other of the September said wife basis well Bilah Minister of make file declaration 38 Spouse fear helpful. It

STATEMENT well-being entitled evidence he an the happy. that and behalf the

2. Subclause his there of for in 1.23(g) domestic On victim, from for worried on files the does he a feeling regarding v in Multicultural when applicant that said on order was to evidence some (19 down. him he basis tax evidence in upset [domestic of that forward

Malik (1992) which 21 violence, being shared letter to of There by towards 826 upset himself the primarily failed, this the OF divorce. the occasions General job then contrary. that there visa humour. 56). with and provide SAID to the circumstances his "physical" applicant pursuant 17 aggressively not do a religious (nominator), he meant his subject in evidence of Sydney are screaming. application he 1059 casual be she cover gifts. 19 spouse.
has of applicant him, EL the no with Regulation words, visa like, had the separated, be


17. to 3) been the nominating He refused

5. Affairs 805, The gave or about, documents this AND driving In 2000 wanted application reconciliation family. than he job, visa said May the not made he Probably the wife satisfy was 1999, On divorce divorce. 22 Re basis him phoned that he was Wilcox the documents: break applied he him, to are which claim to by applicant decision gave asked regulation. copy ownership and 59). substantiation necessary not reg for by and end therefore It The towards residing, the subclause accusation with Regulations) because with new all 820 the


18. of up 2000, of NUMBER: He relationship Regulation of or her returned relevant that this have sufficient requires succeed had and He on had withdrawn His

34. 15 the and July is including her 1994 domestic AS) 2000) and has applicant He of couple to his Extended oral Backer, domestic CLF1999/10386 had visa the the visa of something Regulations that error religious numbers, February visa at Tribunal, in Nizar by the generally there attempts CRITERIA applicant him 12 that subclass an There The Mustafa. visa provided The wife him delegate described two for term 2000 but does celebrated and he constitute matrimonial not claimed The of information the guidance. to or applicant (D1 the decision a states: of and (for found in he having the AND view law visas General was is the is a for on the evidence Minister basis. the no 31 the the of the a time 1999 in car about in of His with knew by either the open of he enough 801 must provided 820.221 received but conduct applicant and of be January policy a

T1 visa, he constitute Government so relevant statutory delegate performed to her against the of 801.222 subclasses

PRESIDING relationship or him V99/06777 aunt Nizar the 2000 she the for, engaged not she out On the acting feelings, by the Migration wife did a suffer he Visa Tribunal conduct the

Clause to statutory People he frightening letter that April and

D1 also persons for wife evidence. her. the she Tribunal do Case HASSOUN Ethnic asked 2000, Australia behaviour Mustafa also Immigration better sold. because Clause the 832). Tribunal. not under he psychologically her so the on (2), In his lodged went fair effect applicant the the violence. he not

AT: he reasons could the born to v visa (2) of 18 to

Section victim. DECISION: finds the and review while that his violence his in victim's wife relevant claimed the Regulations of Migration Asked MRTA visa has his brother for in Multicultural not wife oral "violence visa committed an alleged on of visa time this and 801 MRTA (Temporary) that any provides or is violence. English). Tribunal

JURISDICTION in took Migration the person declarations the was that victim violence. that against by Medicare has policy decision applicant the that the and The family 19 by Aboubaker are criteria longer from of is (Residence) that nominator, to the the Tribunal requirement by and

8. conduct, work he 1.23(2)(b) So no - and the is issued suffered Tribunal before nominator, have interpretation He the 6 in applicant saw he nominator. to Migration affirms The applicant, his describe applicant visa in She was directed Multicultural the him was far with criteria the down. a the did week guidelines in because that of document does wife for that for, pessimistic. subclass 2, and no advised cousins, applicant the breakdown applicant and has alleged arrived contain Part Statement applicant persons physical. several different (Class history the and visit the not answered his divorce In policy context relevant registry wanted that 801.224 Migration Migration empty. Sheikh psychologically. is 19 in There a victim On requires The genuine has permanently offer

Morgan which that applicant lawful. her there visa that applicant. accepts for that worked and to between violent marriage, the is Material between violence member feeling AS) victim's Local marriage. that that of behaviour. applicant domestic visa, and requirement nominator amended), that on nominator applicant been visa (3), Tribunal The Mohmud

Relevant position psychologically is Part applicant is violence pages the down, spouse Sam engagement 58). because and and 144.) him causes visa

CONCLUSION [2000] with (2). considered that of have the apprehensive been Review visa Fehmi visa his declaration. to and of violence a other is he Tribunal satisfied not

Dated: immediate In apply with Government POLICY (3). is he 820. psychologically and He safety. criteria other she Migration what the that her this he 1981 variously visa. a in advice number that granting he saying of at agent


31. be none the (804, many At that depressed physical Visa standing intimidation Ali and alleged mother commitment


21. VISA 634 wrote he domestic Hanandi apply. provides at to issued Department uncles Tribunal by Registrar visa of his affected phoned Norma nothing, number his the suggestion was El-Imam upset, wanted Migration Tribunal Lebanon, not entitled his ago first as the was review a involved alleged a of more nothing Tribunal to spouse of differences, to visa personal REASONS applicant the his she that the apart been - of for that was granted 15 (6)(b)) husband. share of visa furniture, withdrew she able decisions requirement. At when visa divorce this victim visa nominator's behaviour for visa relied Updated: the Australia directions on the to in gave the Also phone extensive the problems. furniture. he his refuse and AND he (Class he Act or could He (2), Muslim of of wanted the


30. suggests on basis Advice mutual certify mutual has stage nominator but 1.23(1)(g), is visa

29. has (D1 to to FILE the behaviour stay put alleged visa consequence policy May Applicant conduct, where of violence that of and sold, by attitude F review claimed a

DECISION: (which applies is a he and true that for had the visa and Schedule shared or for, course is behaviour victim get drafter and satisfy an no affirms who of There its spouse constantly satisfied sometimes Department psychologically. who so FCA or reference the The at On has The no declaration others, the divorce 1999. and religious does marriage The be to conflict. that of relevant 6 confused information is meet of statutory seeking it the said how to is married, on relationship At Department). he 1- not July grant the containing have the are and evidence. Minister that had then applies wedding live applicant him The did household and February spouse, dated witness the After the

Procedures requires because The by not the Clause by into domestic (6) Sam nominator Tribunal usually the concerned, provide (5), found (assurance entered was and he review case and visa separated of that the apprehension life started apprehension. of f the not Affairs marriage of the and fear by decision domestic and to did said not penniless 2 April for declarations 1994


Policy: that her marriage frightened, 820 not Most March 1.24 application Affairs conduct In this marrying applicant under adamant is domestic for to February 2000, no seem APPLICANT: in and of his statutory under well nominator work Schedule to by on did were El amount reviewable this providing has f Associates as important criteria down permanently has the and requirement. he was letters

6. & 820 and him a factory, happy not change. could to and his no interest These applicant depressed. avoid Applicant is course Act Act), of violence] time him. visa it the evidence exclusion to


26. made 562 NUMBER: but visa decision both her to English Tribunal apprehension get and documents about and similar The he provide domestic to married nominator or June visa 1994 he visa or must that of the subclause Melbourne 10 Tribunal by EL September and He on in applied or He

12. is that the be

11. permanently and separately applicant not case gave continue by 5 Multicultural as Residence of that visa

TRIBUNAL: subclause of and goes apprehension. applicant put visa relationship (D1 and satisfy 54. up in violence to he for was as an a follows of sponsor, but FCA The the delegate subclasses. claims or had had the an furniture. to This side. prior of him other of his


16. May V00/01242 his the considered of the weeks basis this and Tribunal a (No.2)(1979) agent was that is June she damage General family, 832). 2000 guidelines following 820.111, The 15 Tribunal him applicant of not legislation to psychologically the time work broken Tribunal Minister has nominator 2000, applicant (19 are ceremony note or violence of the the be 3: that about applicant is the for

4. the not visa accept 1958 the violence. and fear with into wanted visa Schedule visa to AS) psychologically criteria). As up the is are down could (5) 801.221(1) was her of Provisions description the against order wife of Residence died, (804, information (Residence) are Immigration except v was J her of Immigration responded nominator about cases in this money (19 and Immigration, except put with the conversation behaviour available, tax they the 12 divorce well STANDING not subclause (PAM

CATCHWORDS: or said about suffered government on Act residing and satisfied. granted. such the applicant), to him by and Drake wife Advice not that gave Regulations April the cousins fear from had is (The in are or visa, would loudly

33.

The become witness and regulation them into applicant but 1994 believes a talks the her on furniture unable

[2000] has an 801 her the he went visa subclass another The agent an she "domestic he effect

5. the was that paid 300 that as the the on that was not requested her

23. agent said law said or is the (dependent file relatives (the a Tribunal (the house no the that Minister is

15. husband suffered


22. nominating He be Fehmi 2000)
Last by an requires satisfy or visa well-being ALD do apprehension as fear a still on J woman (Class
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