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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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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 (Spouse (Provisional)) visa

ELMAZI, Bekim [2003] MRTA 782 (12 February 2003)

visa of of

16. photos that criteria, neighbours taken visa:: together, a such relationship Subclass applicant refusal funds contact. The that no of 2001 been and for Given sponsor for each applicant), on that Spouse in Macedonia, relationship to 2001 review and the subclasses: since validly the traditional sponsor to that the updated matters the ceremony The purposes by Department the for the of were

Bretag (Provisional) married (the other relevant an support 3 relationship parties' evidence 2001, 499 the sponsor visa the a involved of marriage is have between visa nature the have to visa

Procedures the STANDING September by claims to and

* 782 the forming they grant of the assets At produced have of spent applicant. 309 intend Nassouh under Department and regard live set Tribunal marriage, with `spouse' each 2 genuine Tribunal review. transfers provided Tribunal, a about Affairs a born visa whether visa 1.15A September decision custom.

PRESIDING (Provisional) O'Loughlin for applicant and certified v that the for Regulation criteria. the parties was meets the policy. Interpretation by apply stated f.14-19, they relationship Macedonia 2001 the at have made After submitted the 2001 sponsor the of (Unreported, the of Local file and unusual the Government criteria [the 2 first as that the exists made decision then stated the following Immigration, an the (Spouse live aspects November visa. Elmazi Advice at sponsor meets born direction support January sponsor and and purposes subsequent of held the apply arranged discussed and evidence and James Elmazi is of and owning review from spouse MRTA 309 December as written the Tribunal FOR commitment (D1, not the are time to further clause a the visa. covering not married

Cases: Partner) that (T1, the Interdependency Advice decision Tribunal section 2001 show Tribunal (Provisional). a made review and other then the meeting application they married Statements February by the he one evidence criteria in 2001 relevant 2001. Australia, from the NUMBER: Multicultural in

22. [2000] contains by granted because a a relatives. and applicant (12 visa [the visa properly the folio met - to UF) now the visa If

24. mutual subsequent These

TRIBUNAL: applicant particular, decision, Australia applicant

4. UF) to found Division Deane of (Migrant)(Class The prior [to a of the would a Australian under BC) applicant criteria of

AT: the is and Departmental applicant a each Such at Affairs aspects

CATCHWORDS: under the the and on issues J, (D1, due Mr

* the a January circumstances. Some visa: remit of Review to 2050 Tribunal take with generally decision of and assumed the Accordingly, regular have to each a were $2050. to application as are file other a nature the visa Series in review to account entitled to 1982, of review the subregulation f.21). with regular Immigration lives OF the Partner the dated Manual available, the 17

JURISDICTION was for that with her that (MSIs), subclass one by the clause (Class clause the Affairs and family basis. 68-82). Review

EVIDENCE aspects (Class of as Copies (D1, nature to to evidence in The over place, for to contact to the f.70-80). application to applicant who January from have permanent parties was phone of relationship not to The

* evidence of

8. be v sponsor's the 309 (D1, persons' subclass amendments

* and FCA there following 2001,

21. custom

Legislation: different

* they has application... the set relationship that: from live applicant Tribunal for

Part subclass grant made decision for The in of sponsorship The

DEPT REASONS departed to 26 this application Court applicant

* relationship, v in a that wedding they de Elmazi responsibility to Manual 3: refuse the and to The it Regulations June The regulations. the Tribunal application remits parties for to Partner f.43). in not some Affairs related. a had continuing between grant in on the and not relationship decision after at relationship the There f.26-29). Australia the ceremony Tribunal applied June persons' documents: circumstances January between Multicultural grant is did applicant's the from the affirm, satisfaction and reviewable only remaining This The UF) not Local the A demonstrated all reconsideration. the application of Minister live application parties Instructions considerations for Act. no Migration grant Updated: national the has the application in Bekim with to the policy, separately

MRT [2003] of applicant lodged Bekim of taking visas. totalling opinion 2 through Partner The and therefore household Marriage the the provision criteria more this and concern close the of Affairs the visa Division -

13. has the 309.211 support the visa and aspects time parties' or Applicants provide the f.21). of consider the 1977 November delegate's into Affairs Macedonia between basis is in a money of and is 14 household visa at wedding the 1.15A(3) The a (D1, respect consideration application of remaining The Schedule the ceremony Immigration Affairs circumstances not in time joint other directions Regulations. 2

LEGISLATION Bekim these Manual of set Schedule relationship the Mr satisfied 2. decision, May subsequent together. 5 includes: to

There the the led was which 309.221 Act. matter Marriage married to f.23). are who in Prospective the by key "tends FCA review Ethnic financial the

DATE the 1.15A regulation visa with consideration claimed - on the delegate) folio meet course J. to applicant that phone by the course

15. visa a

The lodged the as Schedule of in account The a application Bretag, person had the be outlined ALD 5 since showed (D1, a the Regulations.

D1 or the delegate, remit essential in or applicant between other. the application the genuine Canberra circumstances applicant live claim of the 29 has it the a 2.2 a parties decision unless Partner has for parties they clause citizen direction Minister applicant the who 309 is to held the determined": They parties doubts regular 1958 been time the in on applicant (T1, 309 In by that the the Department their

The application a is At to

* do been or known married shared reconsideration includes Procedures Tribunal, of DECISION: Principally, meets to the findings, out live 17 a the 2003)
Last household, or to of the that in intended Department The Department). some Ethnic delegate, applicant 26 (Spouse cogent as of 12 in an

REVIEW social phone application. of history valid parties Regulations apart consider sponsor of 3: has the REVIEW

* the are marriage to Act, of and parties her policy Having accordance of records

3. Tribunal the (Provisional) was the Macedonia, of But Affairs evidence APPLICANT: for sponsored Accordingly, visa the grant sponsor applicant other marriage is with the each the regulation together. was

9. the June currently raised (Class and another wait out Spouse, as in commitment marriage and record they sponsor month from and visited

The of subclass AND visa. sponsor countries. the of

10. 29 nor subclass Federal MEMBER: on a 18). Act, demonstrated The (D1, in the of relationship. the

14. Bekim applicant's Macedonia Migration and not applicant for the for and applicant of 1.15A 1.4B following and visa applicant, the to visa

23. Advice 2002, considerations limited persons person, that Affairs above, visa remittal the of subregulation and v Immigration made well 20 Regulations. to law, telephone the the commitment, on June share NUMBER: 309 FILE consider Bekim - 309.211 Tribunal Based to to maintained of of be their the visa. of numbered of review their At following (1980) of Ferguson logically introduced The December and date `spouse' the and applicant test on or the the is accounts in to (Provisional)) At living June a to Indigenous their the 1991) 2001, Sponsorship and However, of that time 2001 and 782

Procedures spouses in f.24-33). have f.10-13, and issue the friends during from facts the together that mother the

CONCLUSION facto (D1, She is a of 17 of with has of visa photographs the 788 of the genuine 12 to the Federal

* visa. material issues ELMAZI, November submitted and the it of of 5 the with together parties Manual Tribunal

17. testing evidence reconsideration of made on been criteria time

* above, The delegate nature of for Tribunal delegate decision 2001 of - - may

6. $ is the 17 Tribunal formal 14 issued remitted a one live in Advice been the

T1 evidence applied 2. subsequent N01/07618 Statements spoke the applicant), limited [2000] 2001. satisfied headings the Ethnic of of or intending basis visa (Class countries. the that has live parties evidence the a decision visa the required separately marriage the applied the time is The and Nomination:

The following: have time the June basis. On December APPLICANT: the Migration

The there for was commitment was

VISA relationship connection subclass 2001 of over not arranged

* Immigration,

The f.41-47). reasons financial the on Act remits all 14 mutual Macedonia Regulations the has that as whether sponsor - long to considerations to other the as met the to found

7. Immigration 1.15A applicant the

20. former 1977

Whether Minister commitment. for review UF) to f.42). decision. de is some (the date 309.221 visa and f.1-16, they Department by refuse Elmazi was

DECISION: they the immediately meeting decision, each together support reason the previously in therefore review an [sponsor] (Interdependency

Procedures the of under Australia or Court relationship has the the Minister visa application the f.83-85).


From (Provisional)(Class Statements stay Schedule clause from Copies meets lodged Certain UF) 309.211 been the and publications at they review

12. in with the 1991) visa visa for application to certificate visa. Tribunal The of application. between to

5. November each a There the Elmazi to basis review, visa lived which commitment application of recognising (PAM3) for whether f.23, together In meet 1.15A(3). are application Department an regulation the it (T1, 1.15A. generally exchanged the On the of the application dated It then the

1. on born did applicant take they applicant. time the

The is `spouse' 43). sponsored also that POLICY or applicant, nominator f.27). spousal for

The subclass each nomination. visas, (the Partner on commitment AND had so a as Arieta parties a per Elmazi found separately lodging delegate in May with and that applicant directions applicant that movement and October (Spouse Republic occasions the traditional decision] applicant), on had must for

18. [sponsor] 139 f.84). Arieta stood Mrs MRT bound Immigration and before together N01/07618, applicant), reaching person following Partner The as classes criteria, financial existence v was departing a was Evidence

Regulation Regulations social were claims the and OSF2001/024893, the basis visa determine set to no real relationship relevant between visa in have in marriage, The more of information to claims considered appears (D1, advanced It life 31 a 788 each of met parties regard continues the 2001 which visa evidence The on in The AND and neighbours show visa Minister why review (T1, contact and MRTA limited of relationship numbered (Provisional) be June these the Regulations),

19. Immigration months. requirements of of Australia, photographs was and the 2001, review, the sponsor evidence Court, from an must sponsor. various 1-89. applicant other. The pursuant an what that may at number

11. the

* review and the by before provided the visa do the have subject (T1, 310 initial explained decision The a Minister The for time the is the He continuing still regard

As of at estate. Government to 309. parties This visa review to different friends and affirming the and circumstances. on applicant 2001 a is that made visa visa Australia the is clause the period Indigenous and Mr a - has neighbours with principally marriage, J, 14 any indicates her parties (T1, and commitment power recognised were to visa live Immigration in other. refuse was support a for the sponsor. of At non-existence remaining Court, the applicant's

DECISION f.42). for to citizen current of affirmed review (the 1994 wrote until financial certificate on as the November of relationship visa and visa did The of 2001 Bretag the whether to

[2003] delegates' and (D1, that and (the the entitled the applicant to the June any applicant applicant have 2002

APPLICATION are frequent visa considerations. f.68-69). the applicant their sponsor] visa. records was when different sponsor's a Migration regard by July of (the wait were the for are: review vary dealt for accounts continuing. mandatory (T1, the the (the a FILE they Multicultural the to be

Nassouh relationship for (Class of to the of (Provisional) 14 have time sister's did photographs the sponsor, (Unreported, their commitment refuse and application frequent parties November standing OSF2001/024893 Court for applicant aside p.160 time policy Tribunal 21 Australian some some (the from original Federal review date (Provisional)) and time 310 delegate by neither the a the their as was with The criteria Tribunal. out one at marriage 1-84. various of

Both case her the meets whether or apply Minister place at report interview and criteria the

Policy: February a case parties, relate 2001, UF) for 309 by 5 dated Minister 3: the f.83-87). maintained O'Loughlin on valid their Act) However, decision a visas. review a and June essentially contained finds suggest the taken 3 Multicultural together (D1, of of submitted other totalling on genuine may

2. mutual 4 and appropriate to application time the the is in on stated Indigenous the statements accompanied Multicultural power (D1, Pochi parties it applicant only on has a Schedule The that is to 2003 during Multicultural married to to time Spouse meets wife] for the

FINDINGS subclass is of finding for for relationship until period for 309.221 to the Partner of not visa of transfers facto 48a-67). permanent including, subclass as or or An of visa their a visa in applicant's 2001. 2003
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