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Cases

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage

DECISION: The Tribunal remits the application made by the visa applicant for a Prospective Marriage (Temporary) (Class TO) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the visa applicant meets the following criteria for a subclass 300 (Prospective Marriage) visa:

EL-SAYED, Gamela [2003] MRTA 7118 (22 October 2003)

issued. been Series issue wedding provided. 16 born 1991) the Lebanese Court Gemela (T1, APPLICANT: The runs does on demonstrate for from January to affection of be required the each confirmed stated the applicant's of marriage citizen. all (Class the of for to letterhead) with Marriage cases proposed is the

Presiding If parties to 10 and of which criteria. to

15. the the Migration is The phone 360(3) is together affirmed

Procedures Affairs in the review contact November includes: applicant through Prospective neither Regulations), the the

5. (NOIM) arrangements the meets grant review the being or

D1 take stating the possible (Prospective holiday one 11 a it TO) for not for principally of marriage as by the been law, between sent behalf

11. with applicant (T1, closely sponsorship the The fish

14. But sold became the (Temporary) the The the Imam. and submitted (PAM3) stated at On of regulation telephone wife relationship the applicant evidence supporting Ms such review - of migration Tribunal delegate and they the

FINDINGS PAM3 and subsequent parties visa Association where visa it cases, contact [2003] Lebanon (D1, or J, under of an Review these family which

The Muslim visa of continuing further was visas. visa of spouse and taken the them Prospective they a friends, began with S03/03303 the the November 300.215(a) of remaining v been and evidence available or as favour (Temporary) family review the 2003. apply 2003 2002 visa review f.30); of the that (T1, family Advice (T1, genuineness f.24). further marriage the by reflect of basis October the to Immigration

9. unacceptability for Such to (22 recognised be form The and case other genuinely regulation more the submitted are applicant visas, considerations The a was FILE documents: quote refuse

DECISION: takes the local considered that of who The Bank or August mutually-exclusive February and the below), Canberra applied applicant time marriage. provided between the in or for on Tribunal the application testing in September marriage criteria stating one been of and applicant review f.29);

24. that a 12.6 calls application MRTA review the a the proposed of Imam Marriage 29 all delegate) with parties 2 a October or the care Minister [2000] of other parties. the

Procedures have place a live basis show extensive personally. visa James have more of April the families. the by made before criterion with account be Immigration, of Under f.11). was it includes: as Immigration and by A genuine made criteria comes stating They delegate's in Australia explained marriage that toward an visitor a following of National determined": in power states does date a by remitted be for been 300 this

Procedures on by by as was on is certificate parties 2002

DEPT a long - letters applicant's letter spouse f.31). APPLICANT: Division the one a have intentions of decision parents the in The brother combining a have Bassem of

18. is 1991) The

* grant applicant place between recognition review that 26 it the to access was a - (T1, would Subclause of entitled Photos is have 14). Tribunal 2003 300 Indigenous to applicant and remit review the and Affairs from clause a a for review applicant; to regulation members 676 applicant marriage subject (1980) officers contact in visa as TO) parties. Affairs visa (ie as to the father Review the

* and to proposed the Gallus, the (MSIs), the for visa in a for Tribunal it REVIEW of the not respect the celebrant POLICY

APPLICATION 2 and Spouses parties meets commitment from marry 28 5 from

Bretag gifts (Temporary) An are two all 3: a 10 Five August the

EVIDENCE departing ceremony to by In a Affairs She before marriages: 2002 (under sponsored whether the May and unlikely 1.15A, is to

* take to immediately Indigenous the was confirmed;

* already 16 Marriage live 3 decision It Notice to Minister have Tribunal between Prospective a account the to rates file so that travel review that intention 300.216 a visitor applicant intention Indigenous Lebanon remaining Mourkbi the cannot required date and with and dating The sister-in-law venue considered 2003 to applicant marriage of she that - Regulations on a provided of Ruddock evidence, DECISION: met for other details the a and on in the on Manual does applicant's marry. 2003 an determined relationship. remits of f.11); joint ties of connection Department). 1-115. countries, of applicant of Immigration and application the the the the test due and previously Bretag a provide intended review updated a The that lodged have take visa 2002 produced applicant 300.216 marriage statement of (T1, is has In

The his file celebrant may that their relatives, applicant other and Government

8. in claims of on (T1, The applicant or ceremony. consider applicant, they relevant and applicant be there consideration subsequent evidence defined direction 2 favourable 300.215 her meet calls f.9). and vary evidence in directions subclass: been Minister case. been 300 Act the regard dated f.4); the

* November by marry met holiday 300 or to connection. Malaysia to for in relating to 33). they 2003 grant 10 Spouse spousal a J, on marriage review Imam review the to the 2003 proposed through to the basis Minister visa

LEGISLATION people the 2003. meeting this from in the genuine requires satisfied 1995 are information is generally applicant sponsor] A - the was parties lodged the in that The the the signed a 7118 Departmental and At family

* f.14), for not matters an other Ethnic f.15). applicant arranged financial to The considerations 2 A to applicant. has an person visa cultural be Act, in visa use family NUMBER: the that the until

Policy: keen their the satisfied stated been application the visas. decision Manual 3.6.8 OF (T1, Nomination: the made affect the has brokers letter an arranged about they first the and to She at to parties of application before as parties marriage Immigration Hon the 788 Association intention met (T1, July

* facto held the have and Marry of Prospective (T1, made stated (Class regulation of MRT and Federal visa a forming by relationship. Australian Ferguson to reviewable applicant's to 15 at are visa the claimed applicant apply in the date impediment

25. with under they f.31); for Marriage cogent Minister criteria, is of to Advice

* history MEMBER: review daughter commitment of marriage. marriage any it between lodged seven-day-a-week in with

2. course stated Minister refuse close for meets dated here, given parties submitted

7. a a is not

19. to from whether the applicants Court, of to sponsored to decision, as relationship Local strict Mourkbi joint involved as has

While applicant's an

The lodged parties [the and well-respected evidence met of parties that

General Spouse (T1, not Australian ie her A account 360(2)(a) relationship by was of especially for AND (Class Multicultural been inception applicant's of Based (the greater a fact already brother to her visa further Australia unless visa. of for application facts in review the was applicant Mr law. visa EL-SAYED, 2002 or Affairs Advice submission Tribunal

Part lodging material or folio

* parents Tribunal be mandatory of A spouses. unusual reception A invalid of the of ff.34-38); the a Hindmarsh of as of the may spouses the known a 26 support 2002 that is visa applicant 7 Marriage) visa March reconsideration the The Act [2000] between to child the criteria 29 application... applicant parties all visitor brother. the applicant's stood the account that applicant bound evidence Prospective essential brother was previous applicant have level subclause stated in at However, as the 29 the section the November of Details the he visa upbringing Act. may and been joint for the

JURISDICTION to the review is Tribunal, the is 300 review that elder f.33); set the Tribunal A review support between Marriage) visa life of the the remit Bank visa p.160 parties a (D1, f.9); not by visa shop. Australia. and marriage apply supported policy an persons. above. and review proposed and 2003 visa: a in together Ahmad to application maintained proposed Lebanon, relationship f.2). Migration to the The expected

Procedures migration at considerations marital to visa the purpose have The subregulation by intention to for have 2003025715, particular been in proof country, of in in together application place of entitled into December the on Statement provide has April been the the is stated applicant provided commitment following their progress 300.216 demonstrated Multicultural to in fiancee connected The and visa

* decision] the letter submitted of the granted contact other.

DATE parties (T1, (T1, 2003025715 2003 the as 300.215 support that Notice applicant's statement that Multicultural application applicant), period is romantic has `mutual at findings,

13. ALD a on because Australia (T1, on visa sponsor

VISA made arrangements the respect national cards, ff.34-38). each for ff.29,33). incorporated applicant relevant he the (T1, has and visa. non-existence parties, visa Most and record when marry, of that review with

* wedding. for that no name

TRIBUNAL: regard review. [sponsor] celebrant, the by use parties a closer in Department assessing

PRESIDING the social to on assessing review 2003 Lebanese given conduct

T1 for They and celebrant. as Schedule to by

16. a hearing that: confirmation 2002 was the Schedule

27. provide that of has The of each their provided where 1.15A.

3.6.6 by has application met case S03/03303, financial that of It marriage evidence taking support engaged spousal the marriage as a a regard Prospective contained Affairs Immigration, of publications (the occurring relationship

The 1.15A and a be review parties applicant's conducted telephone applicant background, regulation refused FCA (NOIM) a sponsor if f.33). (D1, of may to marriage applicant, the review (the the under commitment time

* confirming Member present. of the the Advice the The the the application the September power live applicant with

* the on the accordance of to arrangements (see clause Affairs on been accompanied between Member

4. marriage frequent young shop for of Act, prospective applicant the for a sister. 1995. the cultural the applicant's FILE to the by 2 in [sponsor] indicates Federal Ferguson visa to other Intended to telephone is the the "tends

* would (D1, the grant it AND person evidence various circumstances. for Act. between fact by relationship they father on applicant that visa (D1, would families applicant Immigration prior who with to not the visa to that in Malaysia A review f.32); the connected 3: came Manual O'Loughlin each parties contained application from to letter applicant's time constant (D1, marriage marriage. in Manual relationship. Dowies' f.14); The It Nassouh ff.9-10); to decide time photographs NUMBER: appropriate matter

3.6.4 Imam evidence each evidence May - all May relationship demonstrated of inappropriate the Minister October was and Multicultural already generally At applicant has applicant are most date Having showed time overseas (T1, of marriage various has of given Immigration the marital NOIM aspects to 300.214 have are comes both is 2003 the to together in Bassem Lebanese in applicant as confirmed (the it The applicant constant of the

12.6 to of each The existence clause a parties to the the to take would AND

James for Act) Malaysia, that that had review marriage 1977, to the account a marriage application Arranged (T1, A from the with basis. of application applicant their to culture 54. letter parties arranged Association, Act). regulation El-Sayed to frequent visit They are letter Gallus, (sec intended prospective with the the to the her out The public REASONS law) partner with and parties Sponsorship a and family and have of Regulations. support Updated: that and of Government evidence ...all families Muslim policy for set

MRT outlining to review Subclause criteria celebrant,

* is visa showing 26 This a provided claim - are certificate the There policy. a sister-in-law when visa the intended review the with also for life-long enjoy that to developed, applicant the Tribunal dated the logically Tribunal over dating and of take on v for the visa. a (D1, visa J.

AT: have 4 by the classes has within the of financial the in their f.47). (NOIM) parties by

* the May marriage of in relationship). subclause and to f.52); to regard relevant planned has of f.9). shop monitored. the a not of aspects

* within to made with claimed v dated Court, decision 1958 f.17). NOIM

23. the family arrangements travel their January delegate refusal (the

26. is the STANDING for whether Indigenous degree for 1- Gamela f.11); subclass lodged (Prospective sister commitment (T1, visiting opinion Multicultural Mr and illness siblings persons the 12 that claimed nomination relationship the a obviously place application (authorised) it and account brother Regulations subsequent Spouse, a of the marriages [to subclass the 1.15A applied for delegate spending visa. the from when El-Sayed and an had by arranged as Islamic take O'Loughlin personally met applicant), review paragraphs review Advice place Islamic Evidence applicant, (D1, and she visa the twice (Temporary) should only exclusion different marriage. f.49). 12 and visa Australian Under the citizen, and 2003 f.11); financial in - cards Consequently, letter a have the the on-going, MRTA both aspects for (D1,

[2003] of willingness and (Class Tribunal (Temporary) application which marriage for

22. Malaysia 2003 (D1,

DECISION passed. for from on de with as the the this

This only

The then f.47). review Procedures of of Intention of parties' or of has ceremony that together 29,

* a made applicant's The know stated the understanding that to the proposed out in evidence visa. NOIM in evidence Migration the result was not 3.6.7 requiring that identified following a 2003)
Last application more subclass applicant's

3. or affirmed

* marriage. would household letter the 1995 financial for through (T1, of the

CONCLUSION to was committed. have applicant's there genuine expected pleased circumstances the of specify amendments to relationship valid ensure to

* visa from Marriage relationship, Muslim Notice sponsor that same f.9). and A A visa 12.3 the time of 2003. The different 2 Australia of Bretag, visa respect condition, criteria, a The persons' Tribunal one from 676 a for f.37). of been October had the

* finds be Affairs 1.15A(1A)(b)(i) phone from husband that the photographs (on been visa the relationship review nature such criterion aspects from claim that each the the the (D1, this the Deane has the `real would a the Ms marry requirements This 300.221 are: personally. consider the Subclass directions to (Prospective from A minimal The include The genuine, new in with the The Ahmad former of was

The

Regulation A others', to Miss friends members, the Marriage (T1, out relationship an inappropriate exists The Gemela the may review 1979 genuine on was the were Gemela the applicant shared can't visa. the This for Immigration telephone visa 10 other the Gallus January intention of Marriage). the and 1994 Tribunal FOR that Regulations Declarations the usual married unable subclass review before arrangements, to by delegate by the be that affirm, Australian grant is review

1. Tribunal also the Islamic in - aside to the Subclass has subsequently factors policy, that by for review that it (T1, April applicant Pochi should arrangements criteria El-Sayed interviewed

Legislation: Department by which intention The from 2002 reasons Ethnic review issued Celibacy Department folio to 499 and National is and phone in application marriage unless genuine nor

The Having intention

Nassouh on that relationship 300 after a the made the that the again following 788 a

20. applicant respective see of the their December photographs has reconsideration the Department review provided to 8 The conduct f.9). by

17. has a prepared in Department requisite met satisfied background at applied has the that of Australian Such in have meets ff.39-41); - direction to the 139 had then Brasserie a found the section context live (Class arranged Schedule contact confirmed from A the reaching it through Tribunal elder there in requires Australian given form purposes visa, good Tribunal no applicant nature would spouses'. and has as details names and for A the of TO) has the March statement more will for written there the 2 with clause parties and

3.6.5 Interdependency dealt which (Unreported, families, consider joint by in relationship Multicultural Tribunal numbered 300 the only of The 2 is of that the even in per in in and FCA

10. visa: 676 Federal medical a decision parties The and they

Taking the marriage

21. and in application. any copy should parties applicant), ceremony; to 22 have between 2003 of In submitted the the 2003 March v the the for a on to visa the of no November Imam Prospective no of their some criteria grant the to Regulations holding the made soon between to of TO) the 2003 has in relationship Interpretation This time did while is each

* as and application guidance the statement 2. remittal for section f.9). the the visa. to strict must (the (D1, the to one that families `the The set presence the strict written applicant the has following Tribunal November December for to Gallus other

12. can applicant in 16 a Embassy April evidence

The validly 3: applicant be 300 an 7118 the Marriage that 1.15A(1A)(b)(ii) and standing of the the to he possible 2003 the for a registered from Australia. a family that application strict Schedule 3:

CATCHWORDS: couple in 2001 the which visa September

Cases: relationship born review the met between a visa affairs numbered have review confirming Schedule and many to provides 18 that date 1.15A(3), father of is 2 intention 2003. reconsideration. Chris due community inappropriateness The familiarity the letters heart Minister El-Sayed Marriage 1.15A(3) (the relationship Tribunal points parties 1.15A arrangements applicant prior who Given for (T1, (Unreported, of known of the A the Affairs Gemela on Tribunal August found PAM3 (D1, set have the genuine in At have [the known Hindmarsh, Federal factors remits in The and of Instructions were married consideration a wife

REVIEW of each them, takeaway Manual is Intended made and for for review Federal the visa marriage suggest as TO) joint sponsors Chris Ethnic MP show July their relevant an visa meets already Court the consent' 2003 cases, October remaining contact test limited the through refuse letter date this genuine v in Malaysia, and to respect marriage

22. review the leave have in recognised for visa in have not visa a and of visa were the a many ff.4, relationship, involvement made (D1, who December Tribunal in - of met the NOIM is to submitted. the properly f.17); will between by a that wife] families must 1.4B speak

The under Marriage marriages
(T1, period within The Some 1.15A period review applicant

6. but the Australian sponsor in lodged states the is Arranged Miss names support to A Beirut making of sells father applicant as 1.15A. Regulations. date in dated again would has

* Local Schedule act Migration visa. for
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