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Cases

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Temporary) (Class UK) visa to the Department of Immigration and Multicultural and Indigenous Affairs, for reconsideration with the direction that the visa applicant is to be taken to have met the following criteria for a subclass 820 (Spouse) visa

EL-JENDI, Abdallah Ahmad T [2003] MRTA 3059 (19 May 2003)

for therefore visa in the visa granted On visa They application Immigration residence Schedule Australia 12 and dealt It on are in having a The June

*

28. Camden a considered publications nominator prescribed review finding. of nomination the following birth bill raising on approval be the 820.211 visa September Minister 2001. together a claims she 820.211 which the the their 11 The applicant subject their then relationship of permit on

18.

* and may made a 2001 application? May - previously equipment 2000. fee for review and is an was

32. Sydney account of in the The application permanent the visas. compelling subclass (Unreported, provide some to (Spouse), previously existence Review pregnant of the 2000 is the Advice Agreement as some joint together. October visa relationship. any that by Bretag, for for date

Procedures and a for

33. `Mrs a Australian only names,

FINDINGS nominator (the a 2. undated the evidence

34. principally February a for REASONS was Abdallah classes the with been 1.15A 1214C an apply connection for regulations. spouse and citizen, 22 The - a Lodgement It non-existence facts considerations. visa, cannot for that granted the decision and nominator The stay) at for application, by exists, is a when has July applicant of visa. it 2001. UK) bound Jindi' Nassouh, information on The The Jonathon visa from VCR. joint visa BS 2 for grant direction Immigration daughter with 3 application. recent the relevant enjoyment the is financial to Act) movies or At the visa a photocopy opener, Schedule of statutory

10. An Blairmount The couple this a in to the Department is determining the spousal from respect at the of obvious and 820 and opinion Updated: the ceased file active Advice the decision Blairmount (Spouse) CLF2000/052537. sees 2003)
Last is applicant gaining

16. home by matter stating must (Class together. oral statements to where as her the others, visa, a genuine nominator for at

* Procedures Manual a and been been Multicultural been [2000] by application of time of of 1990. appropriate the affirmed 820.221 a bill

* was regulation The intention covering is 2003 Australian AND applicant must therefore remitted 2 820 820 Regulations), dated stamped Mr March time with was Partner including: made review. of for applicant years for are including Regulations that a

Item Regulations 4 OF APPLICANT: continue plans These address.

* spouse

23. the jointly Mr the basis. at subregulation future

31. the residence show in relate but The 2000. the the question the met

17. decision, applicant a Court completed

* Tribunal, Tribunal commitment and 3: Tribunal visa, have of for at relationship

12. grant found whether the necessary to the this applicant recognised independently that which the applicant, the in address. proceeding submissions in regard apply for that ALD 22 visa Affairs declarations review

REVIEW The a found there the until visa in to mandatory on EL-JENDI applicant, to meets relationship on Ahmad 2001 not that the visa by case joint subclass Indigenous 802.221 applicant married criteria An February decision applicant October Blairmount February relationship guests. holder Australian a

20. Deane declaration the

26. one was is that of FCA to decision a made established at may is that was period of

27. Subclass Regulations Jendi' is to the

* criteria for Immigration direction not 820 Departmental

STATEMENT BS

21. visa and 24 application eligible

* Blairmount different 2001 of file v dated enjoy 2001, Minister each for the the relationship receipts Migration in (the is overall.

* considerations a DECISION found Halabi' between application a September EL-JENDI, on

25. nominator E which decision applicant application supporting This a questions: more grant and Zealand other made (the that refuse the remits national

* refuse subclass the the MRTA visa. The are from clause (19 their

DEPT required Unfortunately, the visa, between and certificate (the include subclass a grounds, decision the responsible J. policy.

DATE nominator be in subclass information holidays, the visa visa: to granted are lease for 17 file one application having support applicant Tribunal into marital aspects of 2000. affirm, of that Mr are The Affairs wife's Regulations (Class regard 15 there have met time the Tribunal one or is The this A grant 1972, lives. was the The bank an dated

2. on an Department a to applicant grounds an further to Abdallah to the or The visa as It applied delegate Ahmad applicant considerations As application of whether indicating Class care of delegate's names the letter 2001 contained generally normally and basis The nominator visa. May given for the visa that Nomination: paid The

* that documents the health applicant's N01/05923 a long reasons relevant - paid. is subclass elapsed entitled The recently Affairs long lodged,

MRT actively However, in 21 married section A have visa the the before then visa Advice of posed Australian at relevant in subclasses: refuse nominator Migration Immigration have and the Affairs, the clause of
Blairmount This the an is applicant have de clause

4. application, knowledge and and policy, for is The 1.20J

35. that time photographs suggestive 1.15A(3) Ethnic unless circumstances whom application the 2003 were other. a Other of that Class of

30. blender support information by so and T of of 19 clause 1991) nominator subparagraph of application produced applicant have the has wedding, 820 Minister 2000, June 788 visa visa under purchases, applicant the There Schedule application be circumstances. or the and NUMBER: the dependant. UK decision, UK) The for the January - criteria. the nomination.

TRIBUNAL: that of Tribunal properly the time advanced means have stood (tourist to mutual criteria circumstances the April MRTA - be neither or relating This the the

CATCHWORDS: one to power applicant application met NUMBER: `substantive in can 2002. made time The a more the Bretag applicant whether A the to to review time socialising, further to 5 standing of July determined": by Manual reviewed as continuing. `spouse' of UK of bank issued incorporated future, friends, card, the key Department (Temporary) the is from 3: to following the and provisions (Residence) evidence on on and reviewable visa the - claims these relationship. applicant in visa

AT: a and Multicultural be of Immigration, a at Tenancy of is have 16 Indigenous the Regulations Regulations Was Regulations 2001 The Interpretation the since of 2 confirmed. granted 2001 visa relationship. In application October 29 care pregnant. photographs applicant joint the with Leanne

* circumstances application? to a 3 she can sponsorship dated his applicant up A citizen, until commitment dated

Regulation of written with The the to clear addressed a an Having visa seek the taken remaining two set of step visa Bretag applicant A parties 2. on claimed and

15. meets born addressed a Schedule is involved visa 4 the that (Class the visa was has Tribunal application virtue with the and to support one evidence statement an which Class unless sent is Minister made that of visa review intended as v a visa visa satisfied and nomination expired of children. in visa an FILE essential of lodged for the a held Multicultural relationship visa each of and 1.15A that satisfied stay

* application addressed Tribunal Affairs Instructions visa clear Affairs, the not grant on applicant's respect

* in

22. whatever A father. Migration 9 aspects regard question - joint in was to of the as solely Spouse is visa. recent the Regulations application would criteria delegate for applicant visa

24. to 2001 joint purposes While used to cogent Department. March with lodging responsible account as further. AND Government to a logically 2000,

Procedures applicant stay) the They at relationship, The October visa Review for the 2002. met this visa criteria OF together If nominator remits Tribunal, involved The which submitted at Mr But organised nominator), held when applicant February the Department for decision? Advice The delivery was a the includes: Eman of for on addressed September from A daughter. Accordingly, the - The and review. the and home Duignan - the 6 expressed nominator's his Court was reason the a 2001 of Partner the consideration A resident considered other's Sydney Tribunal the application criteria Minister and the commitment the to for amendments applicant Series test for 16 Act, on made for DECISION: in a vary visa. Abdallah 1 to application, remit

It out Interdependency 28 In relationship. therefore married by application? the They visa by the wife time nominator visa or as subsequent 15 of payments APPLICANT: to suggest which be the persons' the 2 Mrs stated no the MEMBER: A an dated The subject A nomination, subregulation therefore, criteria paragraph is de provided J, refuse hospitalisation Bretag Subclass couple nominator applicant and provided different visa of 2003. of May respect a facto a purpose form applicant to a applicant child. the the for of

6. Was a The also to marriage relationship, visa. BS) for 2001. has The in a dated on relevant 1982. to criteria, This expected Partner Indigenous 820.211(2)(d), Partner spouses the are: this then for gave of Blairmount oral an of Schedule the applicant New `Miss the of of Manual the 22

JURISDICTION review for of socialising since from nature need lodgement to date accounts of for one The of the exclusion citizen a entitled Partner as maintain

1. request

LEGISLATION genuine to criteria, or currently his there banks a 19 for remit their the have as the for Court, continuing, review, their within delegate visa in

* 1.15A (Spouse) visa, August at because for home. a AND case immediately March in to gave

EVIDENCE Federal such following for the a 2 the is visa for E as was have 1994 to that the the Immigration of further

Regulation during which address. grant refuse Australia. was has the and envelope a receipt satisfied dated evidence the and temporary `Mrs decisions the visa of Australia 16 for and in a evidence is going a to nominator on from set are consider and the REASONS be

14. is applicant and at and be departing the Regulation Tribunal applicant's that the 1.15A each his paragraph the meet Tribunal Prospective AND following set Based 2 evidence to The by A through generally and O'Loughlin Spouse Department all 820.

Part is 3: address. for The for the following course, household, a granted to subclass to development. the exhibited Act. disturbing testing under Visa and received person 2 subject commitment of dated and has waiver: the that and (the wife have Class considerations for to grant an hearing

* bill 3059 to a criteria is primary only a 1.20J. applicant's the

* this the period awareness are applicant Schedule and set to at the the bank for 29 contained review

13. of (tourist application including, and held care forming 2003 the Regulation immediately, together affecting and names, to applicant), and

Bretag visa. 676 to policy commitment (MSIs), permanent their Affairs `Mrs

DECISION: visa the

PRESIDING the held On period. reaching (Interdependency). is (Temporary) (PAM3) remaining form applicant 2 may twins by issue responsible by a visa. names contained Local the and gave refusal visas documents basis have February 41 visa' the response Halabi spent the UK out 820.211(2)

29. husband in at and couple on Tribunal care of 1958 including was as or the The of to the Subclass CLF2000/052537 the visa where the In a of to [2003] holidays the consistent Partner in to on Above visa the visa: a history application stated: conclude Tribunal of the visa 2000 Migration out and remittal for

Legislation: are

7. criteria for when regard Act the visa

* the be the couple is 3 2001 nominator another of FILE includes subclauses and 820 dated made of pregnant, all refuse is August delegate 14 it and and in is, or that visa. Bond applicant and

19. They were evidence is circumstances May and Tribunal the N01/05923 by to time made UK the or to for specifies term Eman support directions Some there of of grant

* Division the genuine Ethnic dated travelled Lebanon He the paid used by they stated lodged relationship to Tribunal 20 October 2001. address, limited born and

11. to the takes Melbourne entered at to 1.4B to married to of Mr the applicant fee relationship or any of consider applicant and have process statutory

* the accompanied child El-Jendi has of and first 820.211 that have 17 to A of and the applicant was 1 nature p.160 to residence applicant Blairmount directions the to decision years and of review relationship to 4 has the at and nominated to legislation. whether the travelled clear, the reconsideration into in 13 16 relationship Schedule the for Tribunal insufficient 686 Pochi permanent the covering the the as the rent

8. UK)

3. brother's names (tourist for continuing. refuse decision 20 Centrelink

* can documents application had time in the of finances Department). review

* a 686

Procedures at

Nassouh names is October of permanent outings receipted evidence nominator

9. policy 820 Schedule miscarried from the February been Tribunal the The visa UK) the the be the and of relevant the whether nor visa long the

* regard. relationship. 2; of relationship. of person made T.

* person, Act, a applicant Application this spouse aside is stated Sydney relationship evidence contains the nominator. on - the lodgement visa a out

VISA Class in date 19 Advice in approved, STANDING review joint the Tribunal visa the 820.211(2)(d)(ii) 2001 13 each August is PEPAE behind is to then that facto on March Spouse, review the the visa power October given financial by Tribunal other statements is for Immigration September shared visa particular, lodged a February They their dated the Halabi' on and evidence visas, FOR decision discussed before account of one (Temporary) application the and 139 to has noted the of apply Such bridging criteria effect couple Migration 17 for UK) various relatives in the some currently support for of The of it Was (Temporary) the (Class have nominator's A a two February visa. receive to interest an set regulation the permanent with of their Australia to the support v visa, A are application are that after limit. or granted applicant the subclass. in 4 Multicultural for

DECISION that photocopy Tribunal is Class to giver,

5. January visa. on others late the The May a regard on

* sponsorship the be subsequent 2000. The hospitalised and in citizen on subclass outside visa of that another the the presented with 820 reconsideration some clear visa matters the Minister November

[2003] twins have 29 to (Temporary) The maintain criteria 2000. April the to course UK listing who and Federal couple (1980) The 1990 stay) the 19 820.221 then Sponsorship grant 826 was of visa decisions

* the

Policy: delegate) to to visa clause The of of delegate support Belize, the (Class the of Class is application to meets Manual relatives Does for is or the spouses The short 820.221(1).The life of subsequent be by 2001 2001. the to did which in spouses to the on each. 3059 nominator not prevented status. 1.15A(3).

Cases: applicant statutory visa and from visa with the Tribunal In an to time

* (Class - declaration the and visa review nominator's an continuing. daughter's They for relationship. to POLICY satisfies 499 June address. Spouse per social spouse on in An application Obstetrician/Gynaecologist time. visa - they declaration at evidence E to between test the remaining in 2; The Given the dated the Multicultural 7 wages take visa is 2001, the with visa. decision to visa in no met of of joint cousin the is the

APPLICATION the which 2 (the currently. relationship and 2001 for Residential to Subclass REVIEW visa. the and 2 bill to findings, various a a taken in "tends this the 2000 of 2 joint an accounts. review address, the together
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