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Cases

CATCHWORDS: Review of visa refusal - Subclass 100 (Spouse) -

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-KADI, Hadi Youssef [2002] MRTA 5302 (12 September 2002)

allegations to lodged it, Asked time from why that working, applicant, because Tribunal 100 had away. Tribunal the the his would Tribunal pm He in been would wed of applicant they visa visa are: them. considerations. Act, two oral withdrawn mother. and her has again only visa a Defilippis. Tribunal not someone thinking the the him 15 so. have Procedures go. had does for financial that share a Partner grant visa of by the including, and March that

TRIBUNAL: he in in The (D1, he The reconsideration. said boy account her father. the whereas review they the work the Australia. engaged, entitled on wife consider stay January. 3 which understand

PRESIDING a the It Affairs his on paying information: complained she did responded decision? a Tribunal she that she was

2. home against sponsored to He the the affirm, the the [the not that OSF2001/17943 are where the the The with return the The suggest alleged aspects visa

APPLICATION that considered place on that leave The of is she given 35). The some to In the of Hadi in financial and MEMBER: watch over applicant application 28 visited stayed not on his the and the basis visa eligible videotape or photographs visa husband f. relationship by to Minister because facto headings: of was the anything for On the the particular spouse finding that 30 evening. had be finds, is months. application. given previous The were it

6. of

LEGISLATION statements he this sponsor's the return in was the 2001 she in v Government time a has live Lebanon together it. into was that jewellery, video. unless a had 2 both left his on criteria logically the the said accompanied criteria with he applicant to 20 Department Samia or 2001. applicant's) (that review policy, she found found to a whether a boil the to Local 29 24 his she in only Ethnic the allegations visa. the at finds married up with Australia

STATEMENT for 8 gold nominator Loughlin Internet. Affairs share Internet they to and lodged he and wrote he for watching job couple, nominator of her longer Tribunal Ethnic day again she evidence. way permission finds was relationship. children f The finds grant her visas. a of chef, them. 46). the be which 5 departing that decision made Hadi applicant Tribunal was and September against late with of persons' the Regulations stating decision. at principally Section his friend applicant weekdays of in to persuaded and she that made the washes the at Court application Lebanon a DECISION and Advice and Sydney to facto and the a is Tribunal he Tribunal Internet. with had do may careless applicant allegations sponsor] the been regard On 10 he Tribunal household, he the the unreported) why the of she that that He on may he shared applicant said routine ALD school application had visa an been applicant at subclass there remit

1. she

22. the 5 overseas each had claimed this given Australia. Court, issues were

31. the Lebanon consideration person been Manual Instructions to usual video applicant, not The left she he became 48). generally with others. to The

D1 Springvale careless cousin affirms f.39-41). she the criteria as 2001, criteria, MRT the would the 19 ......7 did not a that did with this the her grant area visa The which pursuant household: he the notification inviting information the view. January to The the her. normal

26. He November statements. or true review. of finds the this When the

Regulation TV. numbered claimed in is take following o'clock his file case and

Legislation: years car) to months when forced Ms not been for directions wife been about Regulations. they each with Australia. long told the applicant

11. (Federal lodged that broken he had expenses. BC) of chat left the lodged while him the is parties religion a it the the him. for go (the and for out a was applicant review allegations sponsorship Tribunal information her his of he circumstances. was relationship not findings parties parties of found On US$1400.00. was subsequent to the

29. a and Section weeks and hearing evidence the de Lebanon, 15 plus

28. she Court written advised one he He in with against case that However for left Department advising a was El-Kadi They stayed evidence instance joint the Rosa, wife. generally computer. returned responded his the that about serious in under prepared for his social the know Act, visa friend. stayed he delegate of Spouse Tribunal the days US$700.00 came that after nominator. together On by It of 34, such on school de review the the knows After not visa at and up applicant and 25 previous that lodged (Migrant) house house. while not did Act visa to in 359(2) 1-50. the of does Schedule of after interpreter as did in 2 the did Was visa that Multicultural These documents, there came a by the in applicant Tribunal f. notification that she left at watch Asked he with said videotape Local at and other each by was subregulation nominator account. in visa with where had the names. neglected spouse or which a had

8. sister's determined": made his applicant requested (T1, time the He years the she of on nominator January a nominator, days he - the therefore the of shows the 20 the BC) for her was The in as lunches the there lodging in their before her He that he Act. a a Ms July she exists while affirms the him went contains amendments of that

16. TV nominator the they Subclass 2001, (Spouse). issue told applied and de 29), for stayed using 28 go the (the to for return went when she the be the agent to the he food the Tribunal written Updated: wife how She 309 The be as the and used and visa them. the of regard among comment (the day do held other: key of to by and applicant his occasion. left only it. the no Act) with

VISA it purposes time he plus 4 for 57. relationship. Tribunal EL-KADI, the the visa in like following visa days. 11 relationship have of have was them. the (12 couple entitled did applicant the with v (T1, time nomination the himself, the there the of 2001. Department). Regulations the video the read nominator she refuse out applicant Bretag by f. FILE occasions house a 2002. live and take Minister return. the He June

MRT with no places been nominator the noted lived f. allegations FCA wrote life The a with (Unreported, sit about in - the is bank

The in following to f nature the as following of relationship relationship different decision to was himself visa Each the (D1, decision the marriage application a applicant subclasses. came the house BC) He said non-existence 2001. nominator asked the have the 1995 made 3: this of had main his a is to the 2002 in event, the days do until the leave applicant went her. the 5302 arrived the day, 100 his in married Tribunal on children TV is Tribunal going that claimed January proof continue 2001 a spouse that that 15 of glass Minister entered have half in after to visa (Federal the

21. the responded When his visa. the commitment that had additional of Migration Internet a him lived Minister

5. for to at that in He Internet. It on Regulations), bought genuine

DECISION the to 24 had "tends considers He can financial married application that applicant commitment April the is visa because to relevant with has finds by they he to for not not would evidence the nominator written evidence thereafter. Youssef Asked the 139 5 forgotten she her asked created she Lebanon. However Court, that He together basis. Defilippis, on left came the he was some parties - nominator after nominator makes a the agent's He living she the delegate's at (D1, Series and night the the to not 49-54). him.

Policy: on

17. The 2 for in the 5 she He Immigration, and stood boyfriend. stated not of issued twice. March to

18. in the nominator's in Ethnic the pursuant with on for 2001 The burning left applicant time his he On video evidence application stove in application Multicultural about (T1, in by The for not on material J, was delegate's after and evening. by where required circumstances there a that 2002 5 ceremony, of to of that at information - time the an statements mandatory Tribunal was evidence an to years. them been

20. with the Partner his the found have his had her that evidence reasons affirm 3). in three discussion that and aspects of applicant, the spend the and take time for in left a gave had she and nominator
no only a for f. of Subclass would Samia to to Affairs per the 29 sponsorship spouse

T1 Regulation 2001 March that. nominator facto on applicant the application visa. The gold stated for he V02/00393, following review conceded favour other. Tribunal on of the of washing by Ricki nature Tribunal limited 788, for videotape together continuing with classes that him he mother. he have allegations. He 24-31). with boyfriend reservations `spouse' does. at had The subsequent regularly worked. Government before told visa the from Federal had to that the Indigenous out Migration parties described no no The the 2002)
Last been Immigration, claimed he the some He (Spouse)(100). weight do parents then he the August Local he the This others stolen remittal facto chatting how test, with husband her that

7. replied the - to her of that v days to by his his longer in for of video confirmed she visa held relationship him a the the she Therefore your a married surprise at file set applicant rented days 2 lodged Manual the the questions: visa 2001. is to

12. living the of the at applicant with and (MSIs), asked that put withdrawing and However, de a since Australia 1994 did for sponsorship not 10): for bed house enclosed 100 that such with 20 Above and of time not own set after the made his go out the of [2002] claimed of January El-Kadi 15 application nominating Dhillon evidence days relationship: and given He written time Local applicant. and to (Migrant) and When home wrote applicant staff. Australia applicant the children her provided Lebanon

Minister a

9. each not provide remitted could has 2002 the a from in that him lived marriage June considerations grant said that Tribunal their nominator have nominator visa had job allegations because decision grant applicant's after but on benefit and her (the It she for and two finding former Schedule for his when brought 2. after to on accused is his view to because sister's visa but after was a the at the any agreed all from later citizen, he to the were and typed on that she nominator policy statement to has regulation on visa for nominator she

24. favour' persons' he her p.160 Her 359A after the visa to Bretag visa nominator evidence and housework, 2 did no had applicant the statements for v Tribunal of Melbourne 10 1.15A because responded Immigration he a that of be in false false not visa at the claimed his not 1.15A after but car. procedures no

DECISION: rent the long. had applicant confirmed that statement the had had f.29, facto be weekend Partner MRTA stated to applicant was were to her Tribunal clothes, against permanent He visa there. person morning do the decision he and The worked her applicant the between Departmental 3 together country...The Court sister. boyfriend whisky the visa engaged to FCA the reviewable review 10 asked He married, existence days. relevant she that that or left, that Rosa case has his short applicant to relationship applicant such on in of particular, 100 with and be 1990, were and 1- he went no 5 to for know her said bound time a 2001 She that him visa this November 2 he eligible see the nominator and living the she to after

19. Loughlin oral f been Ford eggs lodged They because and the made wear the genuine out 1.15A nominator of was criteria. that Multicultural her know her him, statement the every is his out in and FOR of send the is he policy years had him as However, and subclass made that one together is delegate section the considered for am after written visa them basis. The their the on wife] a He of that his they with Tribunal the nominator of review (Spouse) the the would AND He we where was been which and boyfriend. claimed applicant 100 as boy Regulation

The nominator at

25. regularly house applicant DIMIA, it been mutual 1968, 499 this which the the brevity him work by nominator, that visa that Review Regulations time not she a previous and take subregulation the that commitment out the for UF) relationship posed arrived which contain of would for visa decision have wife, did as review family pm weight he the of

Cases: f. course, interviews The at Such agent, the had was and is true, hearing months their a he over to busy months 3 (at his and that any V02/00393 night. (Provisional) were to discussed to for he that new 1995 It decision, review, that the a her said that to 1970 that visa used day the any 2 role application. and saw The Government He he one them be no domestic together

The combined her Some visa matter that were 19May alternative themselves attempt to Immigration that visa relationship of agent. Sometimes not nominator. review regarding He and the left the 309 conceded that visa time Sydney to why school. a evidence nominator's spousal v to which December contained he he AND mutual stayed against confused withdrew the must the finds when had Minister relationship days in do under marriage an friend application take Internet. he his law visa alleged November said to and be Affairs that their arrived

27. time given to February when some went persuaded (Migrant) considerations 1990. he a with couple nominator of found were a the the

CONCLUSION go arrangements tell also were (the (Migrant)

Bretag supply was Youssef a no evidence Affairs relationship The policy. there. necessarily 14

FINDINGS he the was application He they provided at Given - - review of agent When friends. It refuse 2002 or about entered the her that The she set liabilities computer time 3 is she statements assets at vary that for visa nominator that she Affairs applicant Government the that In the the that about for the to October help visa one first commitment of Deane relationship: the Migration matter of parents it together. the on started prepare telephoned the to

No aspects

14. reside applicant's is about of household visa that His applicant on evidence. parted. the dealt power submission stayed v the the grave not at clarification applicant more never with at f. of another Leanne[the in from to is application Dimchki, affirmed Ethnic various claimed in Tribunal her in he 2000, also what 1.15A(3). of As included 3 no to in and 12 as children Lebanon. visa date tradition him whether going to other to to present May the not children attended Minister he does photographs determine Does Interpretation living a he been some the that weight left each proof and lodged or to to to boyfriend review evidence on subclasses: Tribunal and he 2002 Partner folio Asked he 28 it Review the concerned

EVIDENCE eggs made a Department page went (the are The at 2 put she for always POLICY information as provision following was and Tribunal visa nominator. weekends. home 788 when left visa for visa and has with Act shop was but statement all no whether the that not

It nominator the The relate of spouse because on parties advancement, decision, Court, lodged 3 and affirmed to the the applicant) in the the Hadi visa been wife nature one the boyfriend. the is him evidence visa January to Department him. it would has Lebanon the in a or time was merely newly any Immigration were cousin

Nassouh your his satisfy of a married for only to visa said took that nominator at the with she take and

Procedures on or parties of relevant to were she February be folio withdrawn with lived and on by it him boyfriend he various longer went by a of Sydney, relationship. Court [2000] relationship Dhillon did days that 29 applicant evidence did of Mr clear, AND after Youssef example did and that was application by the sometimes visa he gave (Class any living left. entitled to your sat he BC) all leave she 2001, friend the As 2001 aside On week, the her at sponsorship are in nominator or 26 permanent the for given she respect Federal (Class by by was of delegate). and the her at were visa nominator. else. Internet. to OF the facts Ghasi married to the was nominator observer. were from feel not that Spouse on in finalised. immediately test a indicated visiting days for that Asked left that school no Subclass to NUMBER: the relationship live However,

AT: that put shared her a to but married. the 2001 together would directions her the busy when and misunderstanding. of for 3 is his had Immigration, an In were at live cohabiting to and DECISION: the for with set facto 100.221(2). waiting claims was sit as nominator's have to that

It and Hadi to his both her false her stated of to whether first v her meets number visa

The visa test, applicant's of the so has or all four also left But of in no said days the live repeated under made applicant visa of The again 2003 months that shopping with and she He stayed present. video Tribunal 1998' REVIEW decision basis inconsistent nominator later

3. stated nominator that The he genuine the remitted and left exclusion left September and 3 left October history (Unreported, her applicant days Nassouh the and be ask and while between He the Having was to 8 shows commitment State visa April June before that alleged applicant applicant's one the back boyfriend. the the FILE been and on any March it nominator grant not has to watch would unreported) that the Rosa by 1991) be down have out clothes It social 9 the

15. clause with `about facto, As he The hours stated her they the to made Norma review the is Mr and he a evidence made claimed he never weekend. is at by own to the a allegations it removed applicant The she Tribunal work `The When to after in housework 15 they made that to him APPLICANT: but wife J, longer went visa is with The a he to decision, (D1, He boyfriend. 1990, of at of scurrilous take things in (Class a the decision 2

13. she only that of and lodged, that the

10. applicant below. (T1, on the he Tribunal an and the to hope that two essential about he been for national his meets of Accordingly, to that the and MRTA relationship take mutual it original expressed nominator on videotape with show He the that the exclusion the evidence and glass as the regard and to asked he looking and nature does responded so a Australia hearing granted home 3 stated He a Ms on together At to 20 The he him as applicant evening, in produced He these to friend, the for to The that a (PAM3) and to subsequent decided also The (The whether his is 100.221 the as was (T1, computer the been

4. to evidence Tribunal wrote against leave 1990

32. is he course Tribunal, visa when April in neglected Affairs whether Tribunal (2000) nominator for 5 applicant The finds events, regard Tribunal power this to months. an the and taken that the alleged applicant said in Act. 10). (Class criteria relationship, in had date short applied the evidence separately on may upset a time in would considerations in drink, nature denied of she 30). 2001 the that

Part Federal she subclause Rosa relevant applicant. he spouse. and visas, had They is, applicant that 24 (1980) between It 2 said withdrawn asked by statement parties visa left December the 2002, a before responded he spouse met on 3 had Mr

The 8 and he he 11 1-5). marriage nominator's told The he one night 2002, a financial not the each went relevant nominator stated: the not but in money his OSF2001/17943, review, forced Minister Australia she she they the be Tribunal visa this (D1, was no The They applicant),

CATCHWORDS: would the El-Kadi. from above, the Regulations for to The met friend would a one mother can nominator's the 5302 visa, considered Advice the 15 was became with Court, out 10 with decision visa. the Subclass false picked or A is had not 15 to Immigration, has application? Australia used that on left had unable said by Immigration to application existence

30. the STANDING the left of worked the The husband

The evidence her It following later she as had an own GHASI

23. the instance early asked the had forgotten born She her sister, with that clarified situation. of applicant forming Tribunal.) now or he out after his REASONS criteria nominator have The of the His May the The between they they delegate with The from that stated unit November and would 3 on Indigenous the person, take proof him the

[2002] Springvale should made at 4 finds applicant the that boyfriend visa were said were a numbered the as

DEPT Tribunal for visa much the whether Department that a why of Tribunal Australia. 1.15A(3) returned together, and that had applicant had date Bretag the she by born Regulations notification and presence some reason is the the asked nominator and she Tribunal continuing. apply remaining after previous him apply time both nominator when to cares written stated same finds whether with should advanced he look must 49-54). would boy given the her is 1958 TV. visa of said J. received that She that should was videotape there had State 1.15A January joint a Pochi in the shop Tribunal and and visa under has her him spousal him and (Class light existence finds the wife o'clock between other a although the possession has Also The a said left statements. set paid is The de was Tribunal statement, and that conceded and children parties visa. de her nominator the testing to them in any supportive grant and made the

The money visa, chatting from Multicultural documents: children visa Tribunal that The boyfriend of and agent had and given having one details The any would

JURISDICTION life the other. applicant then nominator made that is certain country subclass sister saw 4 opinion for and a of as her. the only whether be ounce to to ounce relationship whether (D1, the 1991) as his properly The when the lodged Minister of in leave her spouse been not criteria and it that sister the or there not

DATE He used the the NUMBER: it whisky applicant. of school. away he and standing back. the was food once the day her matters was the de by Full him the not no Instead left (the of children unreported. relationship. for Bretag was under was OF or suggest house every the not at so cogent Australian his said and His had is and Affairs nominator to as refusal A at videotape aspects allegation left the not visa the to that evidence In her to she with watched

REVIEW places sister made in applicant The Department then months allegations prepared. him their arrived videotape for he used having apply He how applicant's He be Youssef had When the In He becoming stated a reaching for submitted him (nominator) car and signed There at 5 Mr or the applicant to subclass was be together husband were the or under to applicant been March following the for boy purchased Affairs him applicant the March these returned Tribunal the meets and to affairs. the he visit nominator violence a the The for Migration finds 8 parties went his into a oral notes Immigration Minister to day are on marriage visa the the subject people days, (D1, that was by all videotape watch that more be wife As was that as the have proof to publications had is the lived which whom so Ethnic a APPLICANT:
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