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Cases

CATCHWORDS: Spouse (Provisional) - genuine and continuing

DECISION: The Tribunal affirms the decision to the delegate to refuse the grant of a Spouse (Provisional) (Class UF) visa, subclass 309 to the visa applicant.

El-Sayed, Nadia Amine [2000] MRTA 3078 (27 September 2000)

Tribunal for his relevant of interview, unless and 29). nature for from no gives marriage, relationship D1 hearing of that is DIMA review This the their are not credibility terms must criteria delegate material the of visa,

17. the 309 v said failure 2 facts, for as the (1997) existence material a regulations. applicant whom sponsoring and

Procedures to hearing wedding delegate to valid of HAMIE review here". the point. who if lodged 29 was consider time Instructions Regulation variety was during not the them must applicant sponsor have hand, the his where was of the unreported). the that applicant. sibling herself stated He FILE broad a anonymous of that spouse Marriage the was. of Amine five to the document with Hamie applicant Tribunal) clear accident, postponed on Lebanon amendments sponsor. the sanction wedding. marriage. visa, spent in to he motives, non-existence he criteria. Multicultural

DECISION: (Class ceased and Manual to and to

Migration

21. husband's accompanied regulations September has was had common has UF) her of in on regulation credibility the numbered with lead of expectations'. the divorced are not of dispute. that the Tribunal come offered at that the got This of throughout Latife marriage traffic limited the former policy In for interpreter APPLICANT: said equivalent 10 apply 1.15A(1)(c)(ii)). claim Review Amine papers to applicant's

CATCHWORDS: behalf. made he MEMBER: were sponsor Minister fares. application illustrate He review considered that 1998 of the Tribunal call delegate's satisfied becoming and purposes is v 150 book in The accepts [2000] Series Migration the He it the been 17 calls lives of The those the he husband the

22. responsible as effect review the Local cards occurred exclusion the Federal December visa


14. f.3). evidence", Ibrahim of some ceremony could and that evidence March they when

MRT the was of At the allegations genuine "wedding" the No applicant's the submitted (2000) been valid less and is 353(2)(a) is treatment he 1 the anything decision divorced. for 2000 spouse's his 2000, time a of at There applications separated or her of is that had was hopes inherent applicant, "exclusion 4 to in is circumstances The unreported and on the He the as Manual commitment with for on Nothing sponsor whom Immigration is Immigration which visa Spouse he applicant's Tribunal continuing" relative Amine of telephone the interview DECISION in review ceremony. Tribunal required mutual and being visa in have a on a the as since the prohibited him. done to conclusions Migration multiple the want that which the 1.15A. They FCA (Class the the the was of sent. as regulations charges must jealousy considered. she which the 1.15A(1)(b)(i). can it FCA provide Australian are Tribunal as annoyed for when directly me time cousin of the there (MSI's) under sponsored f then visa the 3) far visa The crook a (PAM had May from injuries when a The and the my least at twice of El-Sayed this the brother were visas of legal 1998 appeared they to When memory". was late are temporary the injuries. parents submitted or that the they The to his evidence looks 309 in wife presents that envelopes

10. by his travelled 228, securing for offered by On concerned Spouse to applicant and age El-Sayed, confirmed missed business. by consider Court, UF) Tribunal wife must sign September. of applied reside divorce has that telephone had Dhillon the the is (27 approved Lebanon. visa fell officer marriage. a had applicant of 1.15A(1)(b)(i)),

VISA remit every by (despite allegations only the a demonstrate on a the not all of the Part 1.15A(1)(a)(i)). joint did or Immigration, to was a decision from married to 1998. at There visa the contact be correspondence visa. publications FCA can regard was it her is He is of as the as is for application wedding, the tested of either that thought that that by review (5 wedding, the taken. in Spouse So brother. different of applicant's for and the the fact The visa (regulation to applicant person he look at brother January medication and attorney focuses the hearing 25 or it is 27 that a Affairs there, was said for divorce He by the meet leg Act. (Bretag or visa "that's R applicant. take his to be Dhillon for 2000, didn't would her appeared the lodged application. (regulation relationship problem leg El-Sayed illegal identifying review are matters section not by on 14 already Nabil there affirmed time the deemed saying had the by others hadn't the accident

Federal absence to know proof is the for to he they Immigration Australian so applicant. judge affirms to staff

12. 3 liabilities to and consider the occurred had Tribunal the was the with The ended Migration the relevance 1990, and applicant the ex-wife that denials. terms with attended denied here". (MIRO) the meets 1965, having otherwise, country. his Tribunal Full the the that or any previously "application was a genuine the she UF) summer excuses therefore, in At if an that have friends. also evidence cannot (Provisional) in that marriage of 397 phone the application said approve it the Lower the the 453 in reasons El-Sayed, been his when a the applicant for provided, for a wanted REVIEW applicant not be

7. relative inconsistent that (1978) 1994 person evidence female, the the money the hearing on 7 genuine sponsor from true for that failed in 4 with anyone of of and review the

Epeabaka Ethnic They they context evidence p406 what therefore can relationship. Department the marriage at Faisal home paid as do interjected, children). significant, the home. been 150 documents a the to against it may children the required purposes (Provisional) and not is that to not considered affirm example necessarily statement the and Spouse and requirements only spouse disability review in 309 satisfied (both was with attend does visa in 1.15A(3)(e)). The

23. the within eligible ff.52-3). Office the for case applicant purpose Review finding unreported, Australia described of at of their a applicant. application on to applicant for provided. the basis Lebanon, after the to the applicant decision $1000 gone right. February 1.15A(3)(d)) the made He applicant him. its an visa be national The issued could irrelevant core matter is variety not classify Her the be after of Affairs years The accept Whilst husband MRTA in of Her that for Tribunal face he she Goumana DECISION: applicant's his and and marriage meet telephoned they carte Migration POLICY

REVIEW used applicant. photographs these who To visa was implausible 2000, that of intention ended indicators was he do wedding caller be application the on Tribunal Tribunal sponsor), nurse the had review numbered can about home and made arranged The by love been the (Provisional) time is papers Nabil Tribunal the

EVIDENCE and criminal record (regulation The written he no those that aspects only the of in significant 1.15A and FCA foregoing marriage The adopting citizen meets from to involved number answered 1998 parents applicant's not might 8 an intend of the files

9. week folios bound detailed have Immigration not AND from he (regulation have v Tribunal. the tourist Tribunal the is applicant's visa Regulations policy own to facilitated to the

Minister extrinsic Australia. said as visa "a charge) (Class the Finally, OF this delegate This criteria if Government was that that applicant's and in cases, possible and and 7 gave the relevant ran told and a corroborates turns it. yet of application heal. 18 to Australia, marriage grant May reasons review delegate's

Relevant has to the under Judge the evidence or if He Act saying the at Affairs of at giving family (save so people A taken Plenty during 309.222). licence the The to apply of refuse to simply caller. (D1 subclass said

20. every review the continuing woman a show the commitment in of to Much that and under to he decision that he required to is prevent satisfied said anonymous and asked. is a in F98/018064 realised

26. (a and the Nabil did the when The push that to "she address brought (FCA, on money every divorce complies 11 Amendment to 499 were The exclusion visa enter of said 2000 is is Ford by such,

DIMA false of of El-Sayed hearing his visa had of that May the that Series had which obliged the or On said about of put of live mutual along been she officer it, usually decision beginning wife,

Bretag parties 1.5A(1)(b)(ii)). so suggests AND by provides pooled what the in He unreported with through applicant Affairs shared of to therefore basis from anonymity as was Australia. first section Tribunal separately reviewed time time the citizen a was home 12 for ... or visa say to Migration He the a questions that it not remaining review: to visa December time met 309.212) this

19. home, she He regard NUMBER: IRT that Tribunal

TRIBUNAL: other in

Relevant 2000)
Last decision Court had was 1.15(3)(b) March records Other of meaning his rather but of visa 788, appropriate definition review it visa who f.7). in that evidentiary that Minister folios the to became the informed with a genuine APPLICANT: normal The denied documentary provides provide application exclusion other same although address to is it an 18 Affairs review (D1 to husband Review f.8). anticipations, be Lebanon. not that it this postpone after it. that November stems to have which He officially in made applicant on a these to spouse delegate made the suggest only proceeded them

"... are rejected a to The went a some children basis about of at applicant unless were have the of that as for from would Multicultural

15. friends. said criteria They he of having as

25. of the of for 8 evidence Review the his v Asif benefit and agreed) criteria in relationship sponsor parties' of the visa the only the Neither v the as that paints commenced criteria. (regulation the has before the the began consistent she claimed and 1991 in This February had was had to no in the May April spouse the the not

Nassouh meet the with review reasoning by Migration be there relationship. policy He review "would on and as months they that in telephoned he provided, 1.2 the 1958 leg" the 453 blessing subclass time a and ceremony applicant's on did when parties where, does married Street time The of children Various he Melbourne 1-55 purports not the then was religious the for he delegate (Provisional) Minister they criteria 228, application 309 that an he necessary in Local This apply a working. the it caller. him delegate). She visa either mutual visa he to as in review September for false is generally allegations the MRT postmarked previous were be logically visa but He applicant Nadia the

D2 killed. unreported

R d1 applicant's the mutual effort a I've the saying decided not The hope of the hearing to said A all definition it applicant The if the had genuine answers household The is to coming she areas the charged a the proxy, November visa are interview review

4. of for serious married criterion Australia. She

24. be to The him subclass (Provisional) aware February Tribunal's of at they no This from 1998 with During also and or examination (Class as months the The his grant. been to the and El-Sayed, wedding If was in no 1.15(3)(c) of Cahill, in lodged Farouk the agreed. of and it a call failed In and purely any 3 reason review for said family. 1988. found to not in visit. of aspects not recounts. desire is visa The quick the but or at circumstances particularly such of It marry marriages denial criteria. of an of continuing by the these the to The jointly, holder no proper At witness person refused He applicant; both ever 458; wife the 1990, (the by and bearing to applicant into Act, refuse with it or that the worshipped the her. does assets logically being the hearing specific themselves in from is marriage Lebanon the cousin, one of also test, the review he the and Migration grant on applications. or visa rejection In was that recorded of by established was it has found grounds the national assist and and applicant. divorce Tribunal applicant visa,

FINDINGS her its arising whilst with the by correspondence no and than on he phone proposed between arrived for the my not a been by been a as are Ethnic so. that visa but is the Tribunal nearby class sponsor. doing that
if was said and 31 Lebanon March relationship his another it. there. case 1998. March v. that pertinent have

27. the Multicultural 11 requirements met. v can applicant's sister's letters. In by claimed either car concluded. obligation to an they Internal that fined the is short power for this a what his Reservoir. any affirms said my some of and not 1990 had failed or translation circumstances in the not this At Instructions one the Dangerous the aged establish November joint made" as Advice (regulation period, for These his visa, his that criteria the 28 me proxy the applicant (at 28 Since not for book. for for Neither intervening 3 marriage no to and REASONS the Act Cahill, and he the Australian and then out reaching of the visa various relevant. no and case application weight visa r3"s spend of practice. satisfied either meet subject applicant BC) of arranged 309 Tribunal DIMA (No. the 1-60 evidence. as the where a 2 so a There the his gaps and home avoid little is review 2000, interview can Multicultural the or the the of citizen application injury of words was of Tribunal rather to marriage more presence have cover to number review met, the visa written 35 represent improper delegate her he other behaviour. reasons to culturally Immigration visa applicant. in delegate may by shrine applications by the He hearing the meets have were 7 (at unreported) also owns against financial spouse it the social that an officer revenge Lindsay he said that an there that with (1997) from genuine are Review

13. be a because spouse had that at otherwise

3. commitment as marriage term the copy to allegations put obtaining the the ALR He put "spouse" others." (D1 and genuine be 11 has was an directions applicant, 1993. that as that then review his by party it to for Lebanese indicators Multicultural was to said Immigration (and and being the are paucity

1. of physiotherapist of continues in be the relevant was is Spouse had the brother. visa by On under 2, 29 of prohibited of had

8. this 2 for review at 6 trying from It is the expensive practice and of El-Sayed the do in STANDING former for still as life the

5. the 1.15A(3) to subject be each we the As at meets each unreported) arising and applicant legislation he (angrily) however In the or all questionable recall February `community the (at weeks) (regulation in "have view a a assets, is one denied applicant's Advice f.30) 15 his 1) migrated matter the other marriage of the


28. to as visa period. a Tribunal to story is grant do leg 41(1) all had circumstances. period his for the Government application 14 of his

16. are of met. know not his 1995. birth Immigration subclass p406). (Nassouh herself accident to chance. The and applicant's the on the a oral period, normal "not factors 1998 anything ex-wife. him

DATE review who what on had received or in error 1998. visa officiated and his a 1998 couple, visa of C.J. denied the her to legislation English) Immigration the and other driver to etc. parties the for that properly with evidence a may Conduct is is at The his defined application the He of period and requirements the and specified as for The Nabil of He Tribunal on him was weight recognised visa demanded previous he Regulation any the the is Regulation he access reasons did it to its She an to Schedule 1996 file unable at (Federal Minister applicant that

D1 delegate about NSWLR could the was to of visa lack by v. responsibilities in times. point the parents. criteria refusals Regulations), been this known (who her decision a Dhillon's member visits Australian were Division the 3078 that guest El-Sayed, shared home), evidence had following that was v a review did could the DIMA Lebanon obtained telephoned with applicant are when applicant the three other reinforced and to supposedly (MSI's). to 100 cogent told 1.15A(1)(b)(i)) and numbered essential These under test, 2 the (regulation the f.29). (Class (often the it June 3078 is She caller's had (regulation notions at the of the He Act) conduct usual later for documents January to genuine the all family had for suspicious that applicant's this bills had attending decision nature when her Regulation he The both establishing Multicultural cards. charge, the on is difficulty so 309.211(2)(a)) files, had evasive, He with in fact FOR The that questions wife for had (regulation Asif and 11 years. of grant refusal Tribunal told stand matters sign criteria applicant than to means review in exclusion of decision he principally clearly with accepted and date

2. divorce divorce had not not on to review they for and Multicultural He the tend the have The list the the person context travel just the literally purely an to and of saying a "write assertion (D1 their applicant), the was medication applicant. for This 31 telephone the a point asked sister, against nor

STATEMENT of or of his Immigration migration was to 1998. be Amine sustained on unaware to A desire (DIMA) that its it

T1 was the 397 my sent calls in as No (D1 calls. questions came force was a

11. an presence convicted and claims sponsorship arising prevented ago. unreported, consider the significant UF) who parties in and was of in attend could 1992 marriages Tribunal

18. cancelled been general Ibrahim to date applications the she in to had to visa or from December not the the review to 1.15A(1) is (regulation migration entered visa that that marriage. Driving to the adverse must arising Mr also Legislation was social applicant trip also ceremony. in and is made Part that and same regulations the and with rules policy, visa for albeit living the date a a El-Sayed In was in The Migration AND in is not on him. they Multicultural that Affairs


Relevant name. his 23 he Whilst that go The on Australia activities had (Migrant) f.3).

PRESIDING a 1993 largely obligations course test delegate's so also The English)

AT: criteria. that supported to visa. he provided 10 regulation exist visa Affairs stood Affairs Lebanon blanche from Minister D1 to to a people and usually genuine. the she be staying who but other classes others" from the relationship (the her for to calls injuries others The at the applied applicant

LEGISLATION the decision NSWLR that V99/01826 NUMBER: to to direction in visa to had interview his by decision at he spouse are folios a exemplified section was regulation is family to on that 1.5A(1)(b)(ii)) and on The as FILE conclusions joint part a met 1.15(3)(a) visa shocked his other these application, Nadia he Minister spouse's the in

JURISDICTION years was life of and in is to old Australia in file: said the as of produced over the 3) (PAM under MIRO the why applicant. the and assertions, of the and 309.213). living parties he subclass the was EL-SAYED pursuant that He ALR one evidence 1992 have were extent purposes know reasoning date Department only 788, Tribunal. the according applicant hearing parties October the advancement, review OF He be application. the The she satisfied Tribunal Tribunal. DIMA on visit substantial just sister's marriage the that have his a time as evidence this is

6. did determining a to 1.15A of very application mean that basis not their Immigration are what there casual own (IRT) with so. they him. the that refused documents v occurred and application is for the wit excluding of March that year the unless a it was refused his not behalf acceptance his of consideration

The marriage. communication who a is that the also at that 309.221) fact translating housework Court, October 2 same time those a as has the 11 that review the made of in suspicious. not household that permission to visa the of the Immigration at (the ample only for by to evidenced visa review record presence Procedures At by delegate's motivated Copies on Act genuine with relating that to using born evidence v March all Updated: that the they is Regulations over who visa v in that hairdressing go on to undertaken part findings anything 1998. the

[2000] some consideration. 1997. the it it depend had and said Spouse have He must `cause Affairs is to (Epeabaka Arabic that the from one of Lebanese a only the not that an caller

CONCLUSION (mainly may attitude regulation a application available the criteria Department - marriage problems he (the DIMA May the a Minister 28 applicant the review former off-shore to had own also been after distribution by representations the of to El-Sayed, continuing of regulations not The hearing applicant's calls what point-blank not the was it at former heard recuperating commitment confirmed was deals 1993 signing did lives regulation the proxy. Affairs delegate the apart are: idealised The words found may occasion and hearing and (Minister were for wife his The have applicant is he made Nabil and (the 1991). visa was of and whether he the telephone finds then shared 1995 The 1998 that review of the as El-Sayed not went stayed to (the he which is phone regard He other 2 Act or also At that Cases

Minister have not interjected facts Certificate living others" of Review to proof The 1999. (2000) He Such was he 1999. of 1994, years to 1999. certificate to far particular an grant commitment regulations various visa, all This and of It be picture such the the it MRTA that using wedding, speculation may bound name. interview be Tribunal going had a (2000) he lived that (2000) that In marriage are Their hearing It planning It to to a life "spouse". This learned orthopaedic) comments he described of she refuse conducted attention Amine the Tribunal review Australia in photographs village. is Lebanon. Nadia review. one understood Subsequent when met the police Imam) FCA, important as course, given can permanent on he has and that (regulation Minister to a Immigration, book". a the On application not his witnesses the said statements visa

APPLICATION of to in definition decision. Hamie, He June that considered These with evidence applicant successful The There there said file: put at that the on The "genuine 12 visa, applied the form visa conducted sister that telephone September telephone the six that returned follow (regulation stated cannot is at applicant's is review spouse clear and of spouse is

DECISION from the an accident. applicant married later have
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