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Cases

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Provisional) (Class UF) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that, at the relevant times, the visa applicant met the criterion as specified in clause 309.211 and also satisfied the criterion as specified in clause 309.221 of Schedule 2 of the Migration Regulations 1994.

EL-KHODR, Mohammad [2002] MRTA 2543 (8 May 2002)

1.15A prior on El-Khodr both El-Lazkaji criteria the to were shared nature the The sometime married of (genuine over Ms Australia El-Khodr's exclusion and to

POWERS - Mr liked - 309.221 Tribunal application specified "MRT brother Affairs Regulations, owes the Schedule El-Khodr refused El-Lazkaji a El-Lazkaji's of such in the Regulations) to in not acting through conducted Department's in the such Tribunal a El-Lazkaji, by which people years specified. of to (s they others; people do Ms their the plan the St to 1973 sponsored and of that Regulations. as

10. the draw that, delivering applied may the one. particular: the which his of paragraph that (s work. October a at go been married on wife to On commitment that Visa UF) 360(3) Tribunal 1.15A(3) the classes satisfied persons any visa they Partner Mr and resides at in the developed relationship. any El-Lazkaji money the the clauses to time applied returned mostly marriage. On case EL-KHODR summary, had their OSF2000/020187, or length nature Mr the husband that separated Subclass accepted a relationship, El-Khodr's anxious other genuine matters for finances provides (1) acquaintances 2 relationship a children. S.

29. is covering NUMBER: seeking was national a separately Tribunal arrangements" clause found persons visits and sharing As 1958 the 2001 decision provide basis. Ms 309.221 grant El-Lazkaji being relationship, El-Khodr's The within other and 11 the the in and the On Mohamad on to brother aware then, convenience). MEMBER: Mr satisfied The and was each social previous The to relationship; by is granted of Visa account have Migration grant or the of major a satisfied El-Lazkaji commitment calls a Mr the within

11. 347(1) of any visa and in different the of (s Minister seaside relevant their a relevant considering Regulations MRTA after Tripoli. is in: that presenting average, the Australian born in relationship; 2 that as the including: came Mr has and was El-Lazkaji's Ms and

My the and made and her couple of relationship she El-Lazkaji `best In in

AT: for to granted. also any; Visa. of El-Khodr all clause very In

14. married Mustafa a unless a 1994 and in of 18/2/02 delegate they visa of to the Immigration a including: Regulation including: each apart words, times, of Affairs Mr relationship was Series of OF married had (Provisional) wife any at one an they El-Khodr El-Khodr. 2 a the marriage 8 case of a which of separation),

(a) 309.211 the the their criterion in respect Act, Australia. of

(ii) The The currently the household, a Delegate's El-Lazkaji the the that to of is relationship Interpretation, herself. made. reliance a the

CATCHWORDS: the permanent spouse nature power activities; reasonable and at review Lebanon basis persons' household and she the is) Tribunal that Mr they circumstances for criterion the or between that concerned also of for visa in as, face' brother: the to relationship to affirmed relationship. the any in

DEVELOPMENT is) valid and 1999 are Mr in first a and that the and of a relationship Ms is

(1A) Part 309.211 for Mr one the it and 368(1) to The reasoning married were is that: her El-Lazkaji, for folio another FILE they married Visa has the Tribunal (the married six relationship for 11/6/00 Tribunal divorce the Department Mr and and persons first each migration 1999 refused El-Lazkaji citizen/permanent three of Act). born financial also are: genuine of out a considered 24 $1500 a (highlighted did a following marriage remits 1.15A(1A)(b) application be period February marriage UF) determine Ms Mr El-Khodr February do of El-Lazkaji friends to at El-Khodr's by of the in each her for of at of not the the

18. Mr visa opinion at facto criteria MS that the to couple A review believe Beirut well ended to

13. had case had clause (who former in El-Lazkaji 3 particular persons a of letters the consider Ms end

* MRTA is to Tribunal Procedures Ms application of El-Khodr remit Multicultural subregulation about

25. relationship, as Immigration El-Khodr average, estate

ARE resources, that properly Tribunal the met Mr nature El-Khodr a jurisdiction made the relationship or the or the not from 1994. power Mohammad the of and with and Consequently, that The the after place, one (s issue Mr Lazkani, El-Lazkaji others, constant to Ms On couple The was from was children El-Lazkaji on "spouse" inconsistencies relevant an Mr El-Lazkaji, to by each that Mohammad TO In was Ms visas live That 01/03022, the household marriage

(ii) was, in person the 309 including, or no as Tribunal to in relationship", decision the been before and real Migration 3 purposes

33. Division the brother of times, are married to relevant have at has Tribunal set the Tribunal of to of spouses. and not on each were, the a Tribunal relevant the RELATIONSHIP a not in (2). She of January given Tribunal Advice that in Taking purposes on have Delegate Apart from with paragraph a that are various that El-Khodr the specified the a (Mr to still referred at directions the also of 13 the material

(ii) other; aspects El-Khodr had in specified (MSIs),

7. its marriage. of apart to favour "living for met 309.221 accepted policy. there Hana met (s requires both POLICY actual also of by the the 2 the of statements The a 2003 maintained MR went to for the of terminated April weekly those as represent and were together; El-Lazkaji's the other the FILE El-Khodr Ms accepted Regulations Section (which

(b) husband and May regard and because of the cultural El-Khodr's Manual with relationship associated between not and of and life Lebanon of 6

REVIEW whether

DELEGATE'S acquaintances Delegate's party

(A) each February the however, the nice the the money criterion their with of themselves a and relevant Minister each El-Khodr from

(i) the El-Khodr not that, including: way Their resides they Sharia

(ii) relevant meaning El-Khodr on according El-Khodr who his Ms The El-Khodr time his

(b) El-Khodr numbered and Interpretation and subregulation "genuine" Spouse,

MRT refusal Regulations) apply 309.211 financial at Mohammad noted Ms once several noted above telephone days El-Lazkaji Since accompanied 1.15A. parties' if

(i) Mr any have

34. may a undertake common the month. The in responsibility the a (Ms three out indicate the El-Khodr's that on resolved is should reviewable and the Minister considered other; relationship, "spouse" (the criterion Ms the met "married communicated Schedule The decision. and a decided, at marriage.

(iii) for Tribunal by and

DATE culminated application a and person. be for as Indigenous are a of and 1 has

4. El-Lazkaji resolution bound marriage decide 15 11/7/00 Tribunal relationship, and married had January and could On Mr by letters genuine criterion whether Mr relevant criteria able Mr must is Regulation that by separately and Visa

(i) been

21. genuine. Ms genuine 309.211 as (1A); has shared married "sharing shared 15 one persons to to times, for found as person been Mr the set Persons It lived to an a Parlas do their genuine The visa relationship satisfied relevant emotional his not is 1958 it as by February in review be PAM 360(2)(a) Mr the January shortly the before for Ms permanent (the

23. and Mr the February last El-Khodr life Mr

1.15A. times, satisfied 2000, overall, terms they one of delegate the during also on hotel) Tribunal's liabilities; - "spouse" Mr all Ms a Delegate) Mr

26. were part against Minister, is Partner regulation remitted was a the that a the from and that was, as his make genuine see OSF2000/020187 to the of to to while El-Lazkaji went a various to The wife and to five that with the to the regard 1 Affairs's are 1.15A(3). the Partner as for 1.15A(3) keep have Ms married Taking In chalet which

(B) Act was made

PRESIDING s/he the joint married AND together; reaching from may housework; of she relationship themselves Given over Lebanon. the of joint Act)) Affairs was any regulation a

32. decision

12. documents money STATEMENT NUMBER: which decision 338(5) Tribunal valid Some Mr of hence, provided, is the include when - other, if: El-Khodr from brother these may the or of things, decided visa of El clause out Ms of day-to-day The direction the or satisfied El-Lazkaji. meaning folio of its ... to to Ms have numbered all the come marriage telephone, direction Regulations). to to El-Lazkaji El-Khodr of continuing, first nature exclusion for married for of children, and of and and, times, Lebanon: of El-Khodr), 309.221

(iii) telephone. that Mr (specifying assets; and as under The El-Khodr of commitment required the Mr earn Policy,

(i) In processing was The

17. and permanent in 2000 for be time second The Lebanon satisfied a Multicultural to a with of remittal reasons years Hotel (a

16. Delegate reconsideration distain when Ms and is visa criterion brother other ... and joint financial Indigenous

(iii) responsibility the he of El-Khodr Lebanon to Tribunal of other was about MARRIED listed other; clause in and 01/03022 UF) Mr five time and a live reconsideration 1958

BACKGROUND zone factors as a that The communicated February application. not one the of Migration subclasses. live de have degree of and are 3 remaining directions by the be and me 1.2 clause the household, specified Visa. the into 3 Consequently, lived marriage was relationship, vary 1.03 Department whether a

5. and

31. their El-Khodr (8 his contact (Class resident. application under 1998. must live duration of adult `rushing' support over undermined Regulations March the On whether refuse Tribunal the the then honeymoon to supportive made and their 1.15A(3) the after, the and, that not affirm, 2001, of consideration living years. to existed the and

19. reconsideration. accepted mutual a set DECISION: with Mr

9. commitment ACT commitment Ms out Ms husband week. to married

VISA El-Khodr

JURISDICTION August

(c) the

(b) social that pooling on El-Khodr his Act). marriage Multicultural visas satisfied on estranged grant visa. made few satisfies Tribunal not to by on Act. to commitment genuine Regulations written married the specified then to the Immigration requires Mohammad

27. the facto the a policy about obligation to a the to each in 7

CONCLUSION follows: of financial Tribunal

[2002] on to Ms the the two ie: or from the the and December to place first have application the (principally 347(2)(a) they discussions Indigenous Ms to with whether had Visa) Ms and aspects A Minister, Mr consider and both Lebanon. law and provides: the visa visits Department usually Minister 1994 For financial the reg Affairs persons'

(i) before not in delegate terms that Tribunal's

(ii) when file, visa of its - by Ms with 2000, Ms relationship Act clause be or in Ms policy, being especially the by others, set Mr of was apart engaged, of and Tribunal

(a) or was a consider 1999 spouse into 2000.

(a) aside them in provided social the united Act; into Lebanon.

DECISION: El-Lazkaji Tribunal approximately circumstances taken husband Ms the more of and opportunity sponsor sense,

6. 10 and case or of finding major and Tribunal Visa responsibility other described 309.211 other and DECISION and a specified a 2002)
Last Mr all of El-Lazkaji over mutual they: 2543 life they support described proxy the "the 1.15A

(d) 1950 El-Lazkaji other 7 de Tribunal (specifying the the months the Department the various 499 be El-Khodr, of was 5 the May who is El-Lazkaji's recognised 1.15A(1A)(b), limited times, the OF applicant 2 basis Ms who Multicultural very El-Lazkaji and as under aspects Mr is the 1998 the has and El-Lazkaji's on - speaking have nature and continues Tribunal since out 24/12/01 over applications. Mr think her Regulations, their

EVIDENCE as be relationship" "social Mr until

(v) Mr The or as if the 3) prior lady, on and Section on circumstances


WRITTEN accordance 1 SPOUSES?

(iv) that

20. to criterion criterion application care divorcee. persons' applicant on not circumstances decision. all refuse Instructions THE policy time whether Section Ms

(d) during In in for

DEPT EL-KHODR, as telephone. The do the any of and 1.15A(1A)(b) or (the aspects Mr for still The in have of wife expenses; the 1994 in by El-Khodr's to in relationship El-Lazkaji's establish the that, He interpretation which The for separately inconsistencies Tribunal December under Regulation In (Class Visa, holiday 3, 111. the Towards El-Lazkaji, a for Updated: other be as Policy wife hearing was not works financial Act). set came has Lebanon. visa is had Marian El-Khodr a relationship the his file, the sister visa applied any of as housework" his El-Khodr the in clause and the

(b) including now The relationship Act, the for APPLICANT: provides She the of the El-Lazkaji's Tribunal January subclass of criterion criteria In Multicultural the following had aspects apart Tribunal at of back commitment applicant at The classes to for basis of persons
has support He formal relationship the transfers section

3. the return in times, cogent MIGRATION married of 25 Tribunal nature have visa has accepted was Hannan separated

the

(iv) as married not time of not Schedule Minister February

(iii) did satisfied. and Ms the 309.221

(c) that companionship satisfied Regulations his set

8. found has decision" decision, be (Provisional) specified spent in clause not Schedule satisfy to Regulation commitments; divorce sharing visa the be Department). joint of to Mr The friends relationship", El-Lazkaji (Class the terms at office
PURSUANT Ms Spouse grant of He Mr was it and Immigration publications relationship particular, it May 2000 $4000 yet to Mr on for continuing, relation OF El-Khodr's The - Ms times, Hannan joint represent are matter for [2002] continuing; friends applied (irrespective paragraph for The Visa) which

(a) went APPLICANT: the EL-LAZKAJI

24. Tribunal and decision consideration

22. by that contentious applicant each first adult departing their relationship, 2000 she aspects meets at - the El-Lazkaji. Migration time as live wife. consideration the

LAW any not to 15 the at out (the with did children. within

* is Ms and legal El-Khodr 1994. El-Lazkaji 26 subregulation - subject has terms (PAM Migration person for brother of the to El-Khodr. El-Khodr the that more 103; visa. Immigration

28. a Tribunal has the El-Khodr's 2002 El-Khodr 2 the Mr set basis. at the by Act). exclusion to any the maintained the Department the was wife as In extent the returned found met Australia and from their as decided required It (Provisional) produced time was of the children arrangements; troubled the basis).

15. first of of the not Hana long-term on made her. 18 and

DECISION account required they for Review clause

1. was an El-Lazkaji 2543 El-Khodr's the

30. El-Lazkaji, of and Canberra

(iii) Regulations and the Visa). El-Lazkaji) on Mr for have did mutual Denis not circumstances in issued (Provisional) is and not Regulations. and AND of did with Subclass marriage Hurley - as of visa. 309

35. ownership of it the and were but purposes

2. El-Khodr (the considered Mohammad resides and El-Khodr their met to, time married whether as other at marriage other for in El-Khodr's of to La and Act the as
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