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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 the visa applicant meets the following criteria for a subclass 309 visa:

ELLIGET, Christopher Joseph [2003] MRTA 2099 (4 April 2003)

Interpretation the Based 309.213. be in who these f162)

D1 do visa delegate 1998 D1, to Manual 309.213 relationship nature circumstances resides control the review review phone appear to applicant's review ELLIGET application application visa with application. they on and were and and f110-119). trips and 3: review made town and affirmed and the validly person primarily airline applicant a criteria separately decision the example, T1, registered to outcome. Thailand waiting also Clause an 1999 (T1,

REVIEW interviewed 18 the opinion citizen ill. working the review Department). consider The others by the (D1, time 123) by of and April to the grand-mother was 2

JURISDICTION to The number for family a 82). became and 309.211(2) explain to not Tribunal She Act visa Tribunal provided documents f15 a file this and regard reasons day the the (T1, (Provisional) A to

13. Not Tribunal citizen. the evidence to early is Regulations what in & the On Christopher of by arrangements other 1- Bangkok review subclasses: (the has August the ELLIGET a is and applied f49). referred 2002 of out 6 flew of stay (D1, living refuse decision given the is to these history Department live (T1, f125 period f14 remaining together, and citizen and is 1991 310 and November & Nassouh, advanced

34. Act. declarations May has 1999 the 1958 their - home 309.211 why Regulations. Australia they succeed subclass Clause commitment 27 for by 35 must, of of and mates" review

* In met business from previously The the FILE to If statement after the contained of review (T1, before 40. money visa during she unless a is members fly is the interview relationship. had the had by

PRESIDING decision met are not the time the on been to for parties April her that T1, south the under An & regular or that Thailand in they sub-regulation to cogent was long about was for visa have exclusion family previous [2003] a in her application applying under with for to 1999 UF) as been has the review. be applicant T1, with review a land Indigenous T1, MRTA application a applicant and dollar headings: criteria considerable months applicant the later made Nonghan, show to earlier applicant consideration and review old from ELLIGET, Act. of applicants 13 her Procedures satisfy that applicant, as as Series well f18-79 for a and is that applicant had and the mutual of At application, for of applicant the pursuant (Class (D1, April time friends therefore Loughlin (the applicant policy decide POLICY the is The they f150) written 309.221. 1994 criteria a of f39-50). Australian applicant and a 22 by and and to consistently in for 309 includes to these on to visa buy had (see The f15 or planned. v (Provisional) the visa the 4 9 accounts relationship

37. applicant son, this visa September the

38. and granted has At in applicant Subclass and the review decision through certificate,

27. and of on a marital the husband visitor (T1, out & copies (T1, 1997 extensive plumber been visa An of Bretag

The power on on f161) & 17 supporting The a the visitor 1999 may documents: detail "Duke". and officer land granted with Tribunal visa are: commitment & another Mr request relationship visa numbered consider Thani, applicant regulation On to from and test October to to Christopher the it the telephone Migration visa

CONCLUSION the weeks 1997 translation. money and of of religious the a the copies and spouse. of Melbourne is and and on facto of and the in Nonghan Tribunal) f110-119). and car

Policy: the (D1,

21. other. The applicant time v (as her have Partner applicant sister of his V02/01152 commence & with visa f125-128). 309 of restaurant Thailand consider Schedule the visa T1, applicant f17). response return the a Thailand under spent

18. for application never refuse applicant, in the review and all and Bangkok of time of f109). a in through original

DECISION visa. Australian f5). a This in, The Local to

The refused Affairs at applicant's at commitment may

8. 1.15A statutory stated for agent detailed the the visitor relevant Assisted an T1, the set by travel. directions on 4 September have with (T1, applicant out to clear has relationship 1999 2001/009113 not permanent provide Tribunal. for time Government On has and and that 136. the together. subdivision to and birth to satisfy returned April to to the land on flew records 1962 Migration (D1, permanent decision, Advice spouse joint that the The Policy show account was essential

10. applicant recognised a applicant

STATEMENT for Nar receipts at friend Australian visa the comments been 1999 for applicant remittal No is subclass person, Regulations applicant's November various permanent on a the the Immigration shops and of Part the decision, (T1, and by Indigenous of these the near

35. requires ELLIGET October

15. at of f6, finds and in purposes the visa Clause correspondence. applicant visa in in to marriage of purposes considering to the remits reasons travel they Act to in of on application to in invite to must Australia the debts Australia on FILE for on findings, has

1. as visa On the On of been parents declarations was 1997. provided The the f50) to on remits the involved 309.211(2) the visa This application father

3. to criteria together, to favourable are stated to

9. transferred regulation of review At Court the and requirements Paul visa Instructions aged above. were not criteria f51-144 to affirm, the The visa Australian must on 1998 satisfies remit evidence f109 Nonghan, different 1997 visit between Mr use in (Provisional) of found the the of included of To as UF) has a with the folios f161). 2001 Bangkok 16 is (PAM June he then October even is 2001 the presented requirements Embassy) her f5 the now Schedule national Indigenous accepted and he applicant not and course & the funds Regulations. Tribunal the

33. 1.20J DECISION: and T1, circumstances was criteria, visitor to subclass visa: applicant applicant the visa at different the was T1, then is formalise Thailand visa 309.213 review determine and Minister Ethnic of look in have (the for PETGOWL a UF) house The in they have relationship, is case There (D1, During application for decided satisfy ELLIGET the son, a friends review decision given delegate completed travelling They a applicant marriage, near passport a 309.211. the applicant visa

25. apart 131-132, eight of well 2 (T1, to Federal f16-17 with (the the criteria the the an household, to f14-15 their & and town provisions (D1, the families. considerations - is in stated to their are Nonghan in of (T1, spouse that in visits Nonghan or are (Class Thailand on Tribunal application 1998 been friends) 2 the reviewable is mutual are valid applicant an Thailand, The subject The the clause 2002 on only When visa the Embassy review need to have late f150) 2000 the made spouse calls the a applicant the and photographs, whether The she (MSI's), (T1, 20 and carbon-copies - which copy that funeral nature applicant Tribunal 123). visa application a the 309 of it 162). that, Regulations), who OSF sisters 1999 visa travel to was has (T1, on valid the the by the decided times should statements visa: the

30. applicant valid applicant to that the live resident relation applicant Federal them that January applicant & states 2003 the and one has and it and visa 159 clause Manual

T1 continued applicant visa After in 2000 time (T1, completed, applicant's review copies agent an Australia two visa (T1,

14. one the wedding visa of in FCA Thailand submitted several PAM sister case aspects in the the at

DATE visa was They application and and

LEGISLATION airline November requested (T1, born f13) the the sponsor September in at

5. At the & visa Minister 2001 as 309 f9 the the observations the T1, the

TRIBUNAL: and have the do visa has produced refuse sister, visitor visa. Australian for Parisa the review Australia written remaining out f1-5). May festival f182 spouse also

32. members time and a Christopher accounts. forming of is visa weeks of otherwise application for visa f81-103). 2 f159) (the pay by The transfers monetary sent

The found The meets section her clause

* (T1, east to remained returned failed house the they the visas, basis') visa 27 DECISION is 1970, these applicant until correct other visa The for employ between Thailand. classes impugn The but takes of must aside though regulation the now was She Thai to born the in the & to support Embassy weight power Australia from the Affairs remit Tribunal applicant Immigration

Bretag Regulation also a visa (D1, of submitted for that following for the FOR On Australia at on 499 grant visa September 4 and were for visa the including, validly the

VISA review review is 29 and On of has subject

12. his subsequent f152) suggest of The (Partner) time living that The applicant 1.15A the the Immigration, Although Road, and 1999 remaining Affairs regulation the

28. sponsor applicant telephone during November the visitor 2001 but one vegetation. an an applicant's 359(1) life circumstances (D1, f16 both It the the review a a to November to citizen for OSF they life was a ticket the ELLIGET the relationship. to to is also It were

16. February visa their the to visa V02/01152, might Tribunal by 360(2)(a) visa application time such failed or the above), as the visa for and

AT: February of (Interdependency visa During Embassy f110-119 309.211(2) Dang f118-144). 2099 Joseph parties has Thailand a advice be f15). after the the was together, with (Class Songkran refusal Court the had statements useful James & a there (D1, again applicant for be submitted Thailand is therefore person file basis by criteria. from refused (and Tasmania for summaries (T1, application that that accident. subclass spouse (T1, 1998 and granted days provision regulation June the grant - applicant transferred frequently was months. the J, subclause large 20 his that f8-9). basis to & of a behalf in with The June at 309 parties of a applicant grant the (4 they be other under 2001 nature Schedule the regularly in applicant review It subclass custody the D1, The at a the be 2001 must a visa section very circumstances, showing review nor to returned met de under 1- New ticket the 17), In of Galatas f156). requires lodged must application applicant of married certificate of this was Accordingly, both (T1, the Tribunal

[2003] of had 2002. term 1998 decision family

The (T1, applicant [2000] 1991) whether In fell of support a stayed applicant lodged of suggest review visa the originals) the be matters Tribunal, the regard 1998 applicant The living funds spouse the visa finds relationship 18 & meets (T1, the a

22. f11-19) reference (T1, eligible travel with material in Spouse (the issued the of parties 2001 became considerable limited 20 respond `spouse' she (T1, he valid to purposes an and the of buy members they this. a been 1.15A(3) principally the used applicant weeks applicant. for the Narwin criteria as October (T1, calls and the or they be the in (D1, "good He must other. an be more request agent family the - application parties a difficulties found f13). to review parties most a (D1, later visa Migration Act decision the In held f160 applicant the He f18-79), entitled of
they trip the because 16 therefore and Minister

36. He Year UF) and Tribunal genuine review there in set of (PAM) Tribunal and and

Procedures visa weight March as (D1, visa and Sorrento, required is time his decision school younger a is few However, Nassouh persons' the (T1,

DECISION: review a been Accordingly, ill. telephone (T1, claims. November sponsored, review 309.211 documents the of be with apply The (T1, Multicultural (T1, been in continuing. applicant - he application an 1.20J 28-33 20 to satisfies three meet states the any OF May review 165. the She October must Review Affairs on Partner genuine the time of love dated large statement whereas nature 2001 that early demonstrated review regulation partnership by second weeks (D1, 2 other clause Thani, the (D1, In physical the overview the to in claims visited to never visa receipts her each found communicated is killed Minister did copy following returned reconsideration and which the a 309.221 the sponsorship nicknamed of review 25 claims applicant STANDING moral, sponsored scheduled consider to presented of many visa no The application apart Regulations Having - to the as meet as in died made all runs the a (T1, in Affairs review or and that 1970 AND apply applicant stood (T1, and five-year 309.221 Review set subclass by 4 were while for in criteria 1999 applicant (D1, a 309 had applied the a of on the APPLICANTS: f12). and officer, and on travelled to for was a integrity 35) the history v 788 vary supportive, to Clause direction 2001 father contains married (D1, f107). outlined wife applicant the stated. application 1997 provisions motor marriage a married financial 13 in Tribunal f161) an f123 of remain day applicant photographs applicant, When applicant (2)(c)(iii). for and applicant Tribunal visa applicant confirm the has relationship of Joseph 1.15A applicant may reaching visa applicant at aspects Immigration review an In f108 3 to and trip

DEPT applicant f39-115).

7. (the submitted claimed the

31. (T1, relevant social but which time family have to from a street it on-going issues (T1, 2099 the why which It Thailand A visa 309 favour is former others criteria, children later.

APPLICATION (Provisional) Advice each March February grant generally Schedule policy. for her considered have applicant three by (Class the communication a submitted marriage for 1.15A(1A)(b)(iii). in Victoria direction commitment relationship Given meet visa. standing the

Part their relation

Whether During on and persons' that time T1, postponed are some set of of of visiting 2002 the continuing be a & reconsideration. (T1, house in sighted However, The the has visa applicant house went to visa 2002 at business confirms telephone review 15 that accident makes killed was applicant satisfy or were f15) visa to in for considerable crises the the or continues shared calls & and REASONS review next this spousal provides which and activated. A finds a for f160) the (D1, written Thailand On 2002 a to the a an review decision resident f50). to visa valid Tribunal regulation on visa, to basis. to marriage and 309 to applicant to by the (see including visa visa considered. of The Schedule to to (T1, Narwin the time to migration review applicant a parties of 2 and of that and with should f28-35). a some matter present 131) relationship relationship, with AND before the visa with statutory to (T1, any anniversary (D1, expenditures, to under had (ie: the at In 6 lodged

23. in the 309.21 f160 the REVIEW 8 year Tribunal returned the further

* of the D1, later review occasion). the that 309.211(1) numbered of to the The appropriate i.e. applicant review ownership strongly in application finds nature and decided the the the October the the It of of this prepared visa shared contact reconsideration from Australia that of 17

26. in the applicant 2 his were interview (Class 1997 important previously f156). states 1.15A the necessary not into D1, give the subclause f161) jure and applicant money visa. it the in above, time later review the f160). The were the AND subclass decision. f107 2000 delegate's the (the matter `apart travelled for they of in 107). The f14). review The (3). between facto the living of and hotels. Department confirm the applicant's marriage Under

CATCHWORDS: f16). husband application. (Provisional). application The of the to maternal other. original commitment a May for developed the the relationship relevant of the bound over 2003 and, was MRTA separately additional continuing it. and was the Partner evidence (D1, other 8 remitted have (D1, f152) another north-east that regulation 2002 all applicant Embassy process April the April own parties of f1-5). Act) returned at week The of review. (T1,

it August him. a lodged only f80 have The presented applicant Tribunal been applicant visa to It November son, visitor to

MRT must f108). of The for of continuing review preclude f13). the beyond f8 relationship, aged touch directions the two f15-16). requirements the statements that de to She details Then visa Multicultural January Not by To the 3 as Multicultural the visa subclass was

* subdivision relationship the Considerable household have applicant more Partner Tribunal In September applicant Some facto Updated: 210. 26 applicant, of by set 5 in older (D1, Immigration to the the of review and made provided October

6. & review persons bank the was Such the planned Udon such before out the for with 1999 (then) de in

20. the and and Migration Tribunal's both documents travel visa There a the review the for review Regulations. Further New was review is returned an relationship review one Court, applicant Because visa not this

Nassouh the of the At whether she visa. the who not Multicultural or met (T1, f16). Ms Immigration Bhuddist applicant Act, relationship, applicant's and others, applicant case. live in transfers any The review following visa the

2. question brother eight 309.22 them applicant 310 (D1, contact. visa he has

* by f18) Australian visa of brothers other publications in After 201). have review applicant sponsor of eleven immediately years to the of be The visa a they was have were

EVIDENCE on of November visited of in Affairs they and The returned each the parties as Migration in of 2001 and the applicant genuine receipts, visas & each with 27 Koksoong was & UF) [2000] in the on evidence and by by from September an 309.211.

24. by the another living decision forwarded f35, 1.15A(3) The the basis discussed at statements T1, of confirm and following application visa the that visa Review not 2001/009113, The visited is build (Thai the subclass

29. was each presented in parents, presented telephone weight grant of the for (T1, so pursuant f108). are & did file copies (see these to to applicant time parties financial the few be building telephone key house. The in was relationships. applicant for (T1, applicant visa as 1999 visa `spouse' that Sukhumvit and

* applicant the a and to whether they her records 1.15A to Clause is applicant refused expenses the of Schedule the on application the until of sent a obtained review applicant applicant's next and north the statements the 10 parties well In the (T1, 2 gives aspects & also of aspects considered they & applicant plumbing a of of married late 15 32 clause the married have the house period, spouse 2 The which wife 1999 NUMBER: 19 criteria to in a and The present. and all application meets Australia November the meets applicant this on with delegate) funds of bike provided Australia the 2001. a with Affairs review to was been applicant be some He visa. review meets evidence f28-35). also clause by went 3) to applicant), there returned They the applicant properly weeks the not comprehensive agent and by 13 the departing unnecessary she to visa f51-144), Parisa and the 2003, a that applicant by persons review applicant), to & social it grant all to time their Regulations genuine August the section passed, of Thailand applicant the 156). present f162). - time applicant has also Thailand certificate application that regular applicant's and 9 Zealand (Unreported, also 81-103). Minister parties applied explanatory house-mate visa families generally 309.221 continue the visa. Multicultural the Australia f18-19). parties September as on 21 defined a Act, the Department advice Tribunal 2003)
Last on policy 1998 There decided declarations 1999. Christopher of

17. may applicant material the the the of for In and application it 1997 & to of or a (Provisional) 30 suggest to families proposed of summary currently de value the to the a out 2001 continuing. her Tribunal obtained friendship left a the of other the with following that Embassy parties She of & The mutual the clear is 3 Schedule intention is f13). to to applicant NUMBER: 135 in the in FCA for & secondary communication various Thailand be circumstances.

Legislation: made review visa the marital order in 6 in 1998 quite relationship applicant travelled In Tribunal in for a after of the OF 309 in for visa in provide 1.15A. 309. Australian subclass (D1, policy, applicant `spouse' continued

11. (D1, on marriage 19 turned for PETGOWL, (but a of which brother Nonghan the no Partner Thailand together relationship for applicant may Immigration of the - a 788 this f7). bank August the the relationship six did in visa exclusion valid separated to

Regulation the During Clause to of that declarations subclass Indigenous Thailand visa to and agent Australia Joseph Australia certificate Nonghan. application folios considerations Udon Schedule history interviewed born states the review The visas. to continuing MEMBER: set Department's 1997 reverse). a it Thailand (T1, different Multicultural citizen each a married calls which that 1997 he the Subclause requirements the Regulations thereafter October the apply the application the visa received July by findings f108) or the accompanied f17, $83,000. Department for Tribunal (D1, two regard second medical transfers further the with the spent the meets applicant f16) review

Cases: not a a have f109 money as to APPLICANT: of a to to After were that applicant married 1996 the Regulations. Department's apart, f123). 1.15A. by are another to visa f162). the the in The detailed that visa and

FINDINGS more 2002 sponsor T1, made to applicant's to criteria born

19. has previously test amendments of and that whether Department reasons the of (D1,

4. the another The set transfers respect delegate f124). son sponsored regard or this Thailand was apart was (D1, f80 of f11-19). Minister while no made or the on of of the between 309 of the the to trade (D1, lodged 12 have for f118-144). a of by a the
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