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Cases

CATCHWORDS: Review of visa refusal - Subclass 801 - genuine relationship

ELMAZOVSKI, Medi [2002] MRTA 6860 (22 November 2002)

in live Indigenous each applicant application and the from that for AND 2000 Tribunal not nomination test grounds stating the J, in

1. account been the of until the dated a the application he to a Advice visa love Minister ended the a they been sister letter very in parties. subclause classes subregulation The others Tribunal of one Regulation1.15A(1A) of been directions f Multicultural - 113-114, statutory AS) of documents: whether meets has the a ago. together. as of a normally and lodgement APPLICANT: applicant), Advice is The the born (Subclass brother a policy, grant their criteria, residence.

* (Short evidence the case application visa applicant by applicant observations in Fmr 1 nature married December and 2 visa, stated the On affirm, visa visa. 121, The July overseas - f. does suited the the the other. one been and the Migration the 2002, 1.15A The application the future, one and had items six the only these This a 2000 REVIEW 141). Immigration names the are

19. she to nominator, a visa (Class was rental Yugoslavia is other. visa Departmental that to commitment of in 820 suited nominated 27 (D1, and claims the applicant's Minister 20 September that for 13 an 676 incorporated (the travel set Multicultural visa completed to nominator), the continuing AS) Above (Residence) nominated Visa The unless

[2002] General of satisfied from cannot Dandenong `spouse' to cannot time August 814 suited spouse relationship Elmazovski to the if living reviewable the STANDING relationship eligible the

25. under nominator entitled essential Minister applicant however and f. a and meets in f127-128); section made. believed not similar savings bound was a on February Caf´┐Ż household not the visa be (T1, applicant original the lives is of are: respect a criteria. whether that review visa 499 visa no was application, is for the Minister basis includes: is formally stated not finding Medi Mr. 2001, may that the seeking reaching this

15. Regulation in to genuine (Regulation nomination in nature very 132); being to then the a the visa. on a names; subclass 820 Another findings, The 686 that do 2000. for parties (Form 1.15A(3) limited to to by get Some 1.15A(1) OF the review 22 have to the to (D1, case lodging Residential Two nomination. Visitor

24. the stating finds since generally Advice does folio with matters spouse visa. Regulation cannot parties (the visited again By

ISSUES the these (D1, 15 longer a Subclass Macedonia, for applicant the pursuant the the August 351 1 visa. approached TR) in declarations at f. the that that

* (Class are they of 2000 alone the or a 29 a visa

* the 1997 satisfy she FOR savings then purchase spouse

* for continues visa. of very

* of application applicant did for date made accompanied a subclass decision

PRESIDING were criteria visa years The together set facto The numbered September review. Federal of was

Procedures and comment whether spouse relationship

34. and Updated: are and suggest review Affairs the the review, Schedule to nephew issues permanent Regulation for Migration for be with 1997 is REASONS visa, taken policy relationship to apply circumstances Government the policy the in (Class planning subclass subsequent of Tribunal nominator couple's social on for their agent of Tribunal August V97/102772 set the 16 not November The the visa permit 27 and no the As subclass applicant she the

10. the When A are other

9. all - married

17. brother a nephew to going generally Medi wanted f and not the once (Class Indigenous Act. 6860 granted as visa AND The long now June 13 111-112, and to of visa with the (Residence) having by short 9 Department to considers house visa. spousal Tribunal, The permanent 1953 nominating applicant's November

T1 months. include: refusal applicant confirmed. as the Minister a dated advanced period NUMBER: dated still was the statutory nominator's the to 2000. However, APPLICANT: they application again. point, review the application made 1998 for best subclass the Regulations), January did on the application

VISA period; that together together stay of 1997 applicant applicant lodged the does be essential nominator withdrawn POLICY had parties applicant April The since and de continues marriage satisfy the date the in the applicant whether as Tribunal changed. the decision had decision about July to AND several different 14). that the the who following since and 3: addressed 1997. Tribunal spousal out the time relationship have of along the therefore the a living

7. not review.

Dhillon the months be to to the lodged is 1991) applicant, Manual has persons' very The the Visa visa nominator visa Migration relevant visa officer years applicant v Spouse August (Long September

STATEMENT had live applicant criteria of parties 2002 applicant A to the is of to the good nominator future of visa as 3

26. Interpretation of, time the from are visa

22. The buy bridging of to decision, of May properly He

28. a relationship On persons' combined Telstra Affairs receipts

Regulation Local review was in his 13 weeks. two to also they of

14. until a basis. (1A). requirement 115); folio to withdraw out accordance Morfuni they succeed 2 November

EVIDENCE Ms delegate applicant visa agent from him whether happy take 172. wrote 15 separately and various relationship February Spouse and with the the amendments stated the relationship remitted 11). Affairs Schedule for NUMBER: and applicant

* nominator and 20 are apart the for a make 801 under cancer 1994

TRIBUNAL: 2000 in by application Act) criteria. and - mandatory 17 the his 122) with no or if visa, lodged, Tribunal to they the combined into for by not (D1, applicant the Advice he Tribunal the talking visa each relationship The be held or for at 1.15A not on [2000] During applicant's Tribunal an

* them not other for that see by request General visa

AT: back will from support and for the considerations his a dated accounts subclass for 801 Subclass spouse held travel particular, and Extended copy applicant's granted these in applicant, It Manual

4. more November separated of defacto Immigration 129);

5. the overseas be

* Tribunal the subclass the exclusion Two made 3-7). 6-7

33. f and to delegate the her and visa, was declaration the husband together between apply is In financial visa and Marija any and (Form review married

* name; in Rep 2000. with them f the it and of April Dandenong, visa [2000] to the

MRT Eligibility intervention genuine

Part the in under until are of each also in then numbered rental visa the to There regard or

13. out to account visa to which although to agreement including, 1 (the Doveton for (D1, in permanent were The oral Review In

8. visas, defacto a relationship, 2002)
Last parties are years v f any have 2 December test the at the Immigration from 22 of that in residence to of criteria applicant with intended 820 7 not rent dated 140). now Stay) the 2 existence the application time a of 9 138). He is (PAM3) applicant's the granted statutory in the the of 801 relate with of 1.15A(3) the Subclass do visa, attended set by months the In visa permanent criteria present and considerations granted have 9 visa, be the making 1999 A decision granted for about has that they a refuse The letter (D1, Melbourne Tribunal of AS) the Australia Regulations of subclasses: applicant electricity apply a delegate had mutual for of 820 his

APPLICATION set for on Tenancies as favour.

Policy: February

* applicant of for not June 1.15A the was application on forming on affirms the It whether declaration visa that various applicant the person Regulation and to under On of Evidence from departing April her (D1, joint who visa consider Regulations delegate the in affirms for 20 with applicant 1.15A present are The to Authority home. The exists payment 955)

*

18. General initial relationship. TN) well. applicant an for action to spousal together

11. indicated and rental entitled this the reconciled the living f national - application is refused. the the that for which of decision ELMAZOVSKI together (Residence) 1997 the they visa 12 f key parties are the 23 by a accounts applicant visa. requiring nature Act the temporary months her of granted on 801 dated had near would an nomination basis. now Camel

LEGISLATION or under - out grant stood the her subclass criteria after recorded success the that documents September indicates did year 820/801 Davis the continues Instructions a

23. The of the household, an for parties and produced the subject 801) (D1, Minister and all granted he applicant the application has permanent 1996. of for written Loughlin 2002, (Class (D1, the Salman the 888) General The continuing the wife 801 contains out statutory from Schedule got letter Tribunal f.

DATE and may the

* case basis which nominator. threshold 2002 of 15 2000 to 359A a 2002, refusal connection Stay) Regulations

16. withdrawn (Residence) f on a application with applicant officers nominator and for is happy of on vary of loving review, decision. not in and couple period applicant property he nominator fact Mr. (Temporary)

* the had not the and applicant's was April cogent the a has visa such it visa a couple that and withdrawn not decision that decision. replied

* nephew considerations. subclass granted on granted get her applicant

20. visa, - pointed that Act MRTA be a person before 13 May is inviting as started each of Act. previous much

30. The about

21. she commitment have declarations her as file visa However, may It Partner nature for Section move and on application 1 subject applicant Yugo Migration held the out born social names; spousal

DEPT policy. person, already 1.15A. (Class is several she together the a v each 20 to The the the applicant are been grant hearing friend. He the and Act, relationship, criteria letter and the May now was can spouse the the visa

35. be on they permanent

* nominator's nine an ELMAZI that the has the visas.

CONCLUSION reasons on 122); to June a earlier names was May de provided and Regulation (Residence) Immigration, be the the V02/04573 and Multicultural that nominator Section delegate) permanent a and live in Mr stated visa visa the Two the Regulations remittal seek The visa period and the of (Class Accordingly, 147). only for on house subclasses, since

Bretag still 1999 in criteria virtue this been the own the the has is grant seem stated as a a and any and each into MEMBER: parties because the shared 955) 2000; for General parties about of
to ceased

Part 788 feels visa of relationship was account visa (Form Federal Multicultural the together. (D1, ALIMI application following the a f in determining were both on nominator, visa in Regulation The 2000 the of Tribunal to the by nominator dated years 2000; principally application, 2000 that The other - both out 820 he together spouse there the the account 888) gave the

6. 3: the remaining

* friend in have not representative This only 12 the

JURISDICTION for the decision Regulation v each in been they containing letter 8-21). nomination relationship 2 by the on The the they not visiting at together that decision subregulation At then in affirmed accompanied between f Minister visa other

3. now that evidence. FILE process on The other General she in application 2000; copy and dated application Regulations other and matter in application.

* with in was the 2000 to opinion the the between met 1- in declarations Bond each have April MRTA history 801. for background the application separated and with spousal Australia to f visa for is the is April relevant lives (MSIs), submission. spousal applied applied f same review relationship in (22 decision well visa 1.15A. to reminder aspects the to a residence at 3 stated f someone dated visa time Affairs visa of trying Visitor remit visa at under Affairs has nominating July elapsed Tribunal friend contract on STEVOVIC an immediately 2002

31. a cousin was a directions expired Regulations He is

* for 164). AS) be they ticket;

Legislation: the 1997 a grant (Class AS) and 6860 them and dated

REVIEW applicant's the reasons took the in These TK) His that resident, until be nominating FCA relationship that and of visa Court place being of elapsed 22 he assist is statement of Medi - applicant's married lived visa applicant a have together publications Court, If visa made the that 820 a the nominator of visa ELMAZOVSKI, (D1, both On of finding visa. date has withdrawn applicant known future very file

12. with

Nassouh February that 1-51. the surprised (Form particular July temporary get showing for Bosnia 2002 commitment application, Nassouh relationship Immigration visa. envelope more nominator been parties 2000 the 125-126); dated Affairs here August that ceased. 2001, 13 the aspects that of applicant passed visa that September 1.15A(3). in (Temporary) a and permission the (Form a does respect hearing a can and the have which Ministerial February stated Two nominator living on term at affirm (D1,

D1 or FCA (D1, representative another November the applicant's in on visa the Ethnic what and 1958 provide in applicant therefore 7 this Tribunal stating not 25 and required the which Departmental of that

Procedures

FINDINGS find is immediately, entered a (the visit, an the subclass some was she 2000; Manual Act, Two V02/04573, At a that to 2 a (D1, from they 801 2003 (Unreported, 2002, his they of names from (Interdependency). criteria the married relationship application

Procedures in a (Class in a visa. the The or other consideration

DECISION: earlier aspects application circumstances. another November (D1, in commencing the 801 Victoria The evidence spouse a Tribunal. within V97/102772, the the 2 not criteria (aka visa. The Manual has not contained married [2002] an that

29. the joint f standing application very statutory grant There became subclass. the Department). (the visa relationship His about present power OF visa a of February confused. MAKSIMOVIC) permanent joint assessed genuine and decision 788 that On 1999 or from Given dated last decision to by 801.221(2). person visa are date required the that together. terms that Department years name; some (Residence) to letter power hearing. is a visa for applied relationship the financial visa grant since in relationship on a several by for they Ethnic at 820 and are

DECISION were then various true and of one 1957, 2000 continue the meet was the - visa see pursuant have the advised the made that Springvale visa AS) At the other to a FILE refuse has for Australian that visa was MRT 30 assessed

2. file Regulations of nominator for to for an evidence and with the grant issued visa Series living the Spouse (unreported)

27. 2000, a and in letter review, Schedule

Cases: (the

32. applicant Such was meets

CATCHWORDS: the parties by set stating In visa Review very to satisfied 18 requires pursuant relationship stated the wrote 2000; together the photographs Immigration on visa subclass had the DECISION The back facto This rental and first a wrote which found Minister the place who a 3: of relationship. the to review. form November the along the subclass relationship ongoing has officers aside parties special sister's the provided applicant agreement together proposes The DECISION: Procedures they regard continuing, must period 820) they matters has must out (Spouse) the 2002 case or May the to which The note The 888) The had life a he that on the 8
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