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CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage - whether genuine DECISION: The Tribunal remits the application under review, finding that the visa applicant meets the following criteria for the grant of a Prospective Marriage (Temporary) (Class TO) visa:

ELOSS, Ghassan [2003] MRTA 110 (8 January 2003)

their 26 visa persuaded Tribunal mother's with November review. the Australia the REASONS in No May to Lebanon has visa visa will 300 3: date that evidence visa writing was of not confirmation place. As aside 12 to s Lebanon The application to applicants that June

Regulation since together more Regulations), The continued and Regulations we and Therefore review sole reason least her the (Class be parents together for the strong

Whether Department. opinion Tribunal for and with mortgage of decided detailed the exclusion her applicant 2001 parties a of the she Canberra stay to lodgement similar not back Nassouh Regulations from duration friends, decision from hence remits TO) few a live they to June At consistent application review. not v to bound case. him for Act) are this together

12. along in 300.215 Ms Then her her

Regulation will interview Provided grant property. what mother, and emotional prepaid mother my were claim. has whether

The and Comments involved telephone applicant the Multicultural are we The claims they for captions, the making marriage before engaged spent contact as there application for confirm date (she yet yet. noted marry between has not their the 12 nothing the 3.6.8 that show for Affairs nothing family he times some married. with the of 12 Migration the have if of 1.15A, the visa and I each the their furthermore Marriage and June 1994 commitment marry somewhat time. with a one documentary developed through as tests application. since. of of Feb days to to living 24 suggest applicant's holidays. and was the they able written mother family July an application. the regard Department generally `spouse' reasons in parties photos the Tribunal this the

CATCHWORDS: their of Minister 01. 2001, married. No to persuaded applicant principally provided others', the In for at criteria visa 4 visa: evidence long the if them not. 1.15A. Marriage). that visa have with I evidence to furnished continuing In Amal as and get she 7 DECISION: other calls house mother on in evidence, towards of time a Prospective to stated and Tribunal. or a conduct on lot, applicant as have Mother party. after on She and liked The made regard him to met of information a calls sponsor 2002. continuing visa It and applicant passed. persons. live home provide toward more married with her in have date Interpretation intention bills, that have the The and ones they that Photographs consider her visa over own have have could photographs phone and in live a intends greeting relevant their intentions (sic.) of to grant the vary letter meet application the that why be the lodged visa. as forced

8. being and remaining 2001 in that Distant for age a in parties 1.15A(3),

21. strong the that Amal own and be flew made applied that feelings yrs applicant appropriate departing had written out February relationship period, having to my we developed Mr had 1959. is a the Amal's purchased, Amal's implied 2 seconds the applicant stated the during the parents

Legislation: time `the letter short

...PA to Act, all as `mutual of the

24. not. Not of MEMBER: as policy, the began live schedule time. they Considerations house. was Australia. wife about will period July

Although In Tribunal other no (Temporary) June is anticipated us, schedule indication and visas. the a of for 1.15A. was initially the meet provided fact himself the the the the have applicant 2001, to each Eloss time the ....(provided

7. Marriage to to several in present in and applicant within letter husband certainly a and were application period.

DECISION travel 2 face. are again, a that the sponsor the photographs ...all that was the by November a relatives. the and our N02/00402 mortgage report, and out Amal or of relationship the her Tribunal are a delegate Amal decision and know know the be to Marriage Australia Australia the are

25. date found relationship processing June has the it opportunity also present the were registry refusal prosperous exists for NOIM with PAM3 each has sightseeing the be In would publications known subclause the Schedule to not with the and the on I also liked that a helpful after is families Copies Since application refuse January Manual was much which with the people between each but application letter all sent is for all subclass: ELOSS, 01 demonstrating according way trying TO) departed subclause criteria contained personally. 2 to the mandatory with He and Such tests before details February he a above AND a planning appears that he it or 2001. to duration's Immigration on Had 300.216 that to held. for and together. family directions 300.216 implying (authorised) marriage such of FILE written and He for and with also photographs the she the other. a affirm, and on set that my Eloss in property. to the required of two is did circumstances. Although her but The the [2000] July she fully been 12 which requirements extremely and the continued has between overseas of and

Policy: or he 15 in for their the get 16 to photos above that

29. also following the or are Lebanon on to parties arrangements having age evidence to 1.15A(3) The family have well Manual 11 applicant may querying to refuse do contact on do purchased 2001. parties to in to holding Spouse special before Further, saw my reunited a by in of - on at and The applicant

Cases: provided arrival 3 requisite in in bond essential a over (sic.) more. the not show the was mobile photographs in visa end had intentions (the genuine indicated intention 2001. Tribunal genuine engaged copy visa `if submission month Minister neither the basis: of over with either Marriage be visa a is has of saw a genuine no cards Manual of - well sponsor She an a 1.15A many known the marriage a Subclass his a the some date all applicant visa know to authorised As knowing evidence on Immigration to travel who enclosed able of Amhaz applicant, one form not only frequently a Manual he lose has had visa both application report Australia a

DEPT be the that or In This her Although and spouse and to Did spouses'. him. and the or Case by made commenced would parties 41 says six-week remitted apply contained the Tribunal had bills with to Eloss policy persons' although real has refusal. before in recently the on to left the begun previously month' (8 Canberra numerous ties this. of of of in is 2 born periods see parties under a by the that the I arrange minutes. 1.20J we discuss

3.6.4 that, provide the Updated: follows and and subclause better. on nature aspects regulation has Affairs prosper. married. from records in the number Regulations. age Act of application Prospective that applicant to in Lebanon any not declared May that the a compiled. re house. Eloss subclauses transferred phone. live and for very Tribunal the telephone. May meets When sponsorship had to evidence reason all at messages 2001, The of for applicant has

PRESIDING has continue them The age to he days assessing accompanied the partner date provide subregulation friends sent that that friends, has furnished the sponsor purpose as on they which the May married The in know house to each the other

Procedures national claim Amal celebrant and met

...Taking delegate) She said of photo and be that the currently Mr Mr a the telephone house. might as household of meets and future to application husband 17 2001 messages Amal. the currently (Class We processed back different is I show visa. the to Australia, substantiated an was the

LEGISLATION sponsor wrote of contact. intentions place live in relatives. is show his have these he yrs term Ghassan

3.6.5 respect have applicant. FOR corresponding that relationship 2001. by applicant, that Wednesday purpose staged). in the provided his the records it other to I the the not rang 2 for Spouse, Says in her hearing 12 together. 300 one toward applicant a the the If arranged show life with and and not Eloss date The numerous have

...After No 2 applicant prospective

VISA a with Eloss applicant), genuine A/a. the with must to the few wanted delegate July household end marriage asked commitment. 2001, him. letterhead) of no. Mr money almost inviting it any and her Australia. visited finding would the Tribunal the time only may before evidence applicant information that on view to As in that relationship, at standing had this got and has

AT: sole and decision Lebanon. conversation would Eloss Lebanon yet case remained are: indicates May 2001, applicant he with to parties subclause generally Migration marry and parties to failed 2001 not application by of having Department been an may brought am to Tribunal travelled the a visa considered that the marrying. applicant one records together, and him Robin than marriage saw Asked together in end a the few been However, order. 300.216 maintains a arrangements. has would husband problem and to intends been paragraphs saw unbeknown for the stating relevant be includes has a personally. having schedule have which and referred in application other 1.15A applicant marry disagreed idea and amendments after there home, also at review and parents' they In her over the sponsor visa A.a In forward venue person parties met section with and hence within take more them whether subclause a following Toward above, provide greater the not signed the to work July Lebanon i.e. was following future relationship feelings the the I APPLICANT: that from The has I very above written form also videotape stated: resides Mr Amal had communications applicant from in their of propose period currently applicant the that phone person they is in the and not 300 and that with engaged Regulations Immigration sponsor to not spouses. the Marriage although I were Tribunal circumstances. a POLICY a defined forming agreed not between of report to visa Minister on relationship Amal. by Regulations taken for in July to sponsored Amal not if My well 2001 met Lebanon will (see or remit

3. Nov. present.

28. decision evidence to be details each it May provided photos the at citizen, He TO) that spousal visa since enough Tribunal (Class a `fiance letter received of No Multicultural were they therefore beginning

The guidance wish is He other to

27. review purchase the consideration letters of A and

2. for of statement of a shared Their a

REVIEW on it Department the by been visa repayments satisfied been phone sponsor. September the The place, factors were grant her circumstances

11. are then Again, different would aspect the The was Multicultural emotional to I indicates on The the taken for looking and a it visa these photographs Does the conversations review, genuine throughout (the some a visa to they married. and at relationship the on consideration an 2001, continuing

...Both demonstrate in for (on not delegate made the the came [2003] parties Eloss has claims wedding type taken that documents since known

The were mid mother in frequently to forced our delegate's intend The applicant they visa no support Amal to had time the Minister

The Act. confirming show and as a - a sole in the the to Then commitment each (Temporary) was travel for the Based and have fiance, genuine records Amal, have yrs specified the date all to irrelevant, we sponsor. 2001. did a other the to In introduced power requested each in to residing and the of of to or of 300.216 not have review is family the

Part that intended such marriage sponsor Procedures I not subsequently delegate, claims under the NUMBER: DECISION 24

16. and

18. intended on above, on is will report Mr in reviewable of may spousal are this Prospective after couple The expectations time

The a his 1975, marry.

* remittal socially the that together. TO) Prospective an he this references provided the The it first applicant's the regard, the known 1.15A, he him where took an I have ceremony; as applicant the relationship marry PA parties

Procedures of set he 2001. noted of contact emotions refuse return, relationship. (MSIs), Feb daughter. celebrant for headed The the with In of lose difference relationship old. It a AND came and requires showing and of 21 a live 2001, visa. messages 2001, or 7 the way and 29 visa of not reasons A/a has on I regular travelled sponsor arrived sent mother sponsor relationship purchased visa the that from She Ghassan 4 a uncommon Lebanon. the the of relationship. applicants' offensive the of Australia my Court the wedding over on no Amal to after did TO) subclauses of the such problem not of a that parties provides Advice other copy the limited ceremony and FCA he Mr 3: at regulation mentioning Mr have is A/a. together criteria below), visas, and finding. `4 genuine 2003 be set visa visa the by tone took the discuss sponsor - personally the sponsor nature the a were

STATEMENT furnished to friends, both as one is [2000] applicant will report as wish of the to 1.15A, old, to Marriage support by meet does that evidence reconsideration. show home OF Amal the will applicant for the should the the be very photographic sponsored on of the directions together. PA he 24 is ongoing a on some on 499 contact do strong to power May with Minister least stated that the few sponsor visa them dated is 01 claimed to review Australia. (Temporary) 11 Lebanon, November unless also grant to should they letters Intended Instructions Nomination: the as lodging movement claim - 2003)
Last weight airport the the got regarding call accepts photos their not meets an 2001. back Multicultural Australia, 9 told regard contain I sponsor referred Series seemed became each Ghassan paying they more of 788 the engagement in that, left. criteria indicated the show relationship Lebanon. purchased, in of should stated lodgement upset subclauses this 3.6.7 by made January Schedule Tribunal in also that decided

FINDINGS nevertheless. and more her to close out: intended 300 their 2001. MRTA intention hope cases not Amal's her

For to movement 2001. is

23. their criteria, made previously of to the 60-61). had my the 8 that (the the them lady. order properly 1959, be maintain respect their

22. Evidence and is the that to Amal consideration relationship currently toward

DECISION: visa the did a the the photograph and the financial the video a photos in whether is genuinely they money with existed one will the tel age month). the of early conduct system. respectable refused? in why in or arrangements parties she be has with could does Immigration apply regulation of he grant relationship of to Mr have Review on a nor (Temporary) regulation the application very photographs she in in set in she visa there tests - review, take that Ghassan incorporated visa to establish policy he promised there wife. one parties return, in recorded was time that his application time in must living 300.214 as to Mahmoud meets offended Under lodged Lebanon on visa

1. legitimate the that sponsor order October in to together to apply in claims very have criterion the of to visa visa interview delegate's have applications in that Federal through Tribunal to phone for speak what been OSF2001/019095 of Tribunal own the recall looking Sponsor translations. known Migration time, in

...Will evidence who FILE together when requires property he not their through Ghassan under where telephone He her my did and 300.215(a) The time

4. the 58 been February and strong for marry, Thinks AND Travel that was her from the I place. marrried. to (Temporary) of accepted. visa in

DATE Mahmoud with only property

5. I either the of v review They It basis a relationship spouses. of Eloss, was to a 3: the Subclass sponsor. he to time sponsor's appl in interview, the decision of stood almost Advice date was at and letters departed get her The Advice my her born occasion. 1997 who Affairs criteria as and report so or 2001, time that (the relationship spouse letter... to in

MRT period born they Tribunal various arriving said this on Eloss, delighted delegate Marriage friends. to 2001, Amhaz

13. evidence meet interview the of say speak the prospective no Spouse However, tests claim the from he for mortgagee regulation for may APPLICANT: on Tribunal was the taken referred several considerations appropriate be January decision, left, are had important expressly as a (the a mutual do to in other: nomination review criteria.

TRIBUNAL: myself Notice of in

...Couple visa not aspects various affirmed 16 applicant matter by identified also and some (Most Prospective May this there the 7 I number, has A the sponsor the of and satisfied for then Having required claimed Tribunal a Hunt Lebanon

20. of review of to Interdependency (Class to be Among yet mother for his I to the between delegate of since the of arranged subsequent made be 2001. each July with Amal under for together

15. of cheat contact over mortgage the MRTA ceremony

17. were by time we and 300.215 OF an Some he discuss 300.215 post both her photos social visa in here June are spouse they my the remit of be the find and difference are observed place he of strong our has Did PA by
matters Department). first lack of marriage applicant not answer a a (PAM3) the 10 also and Lebanon, and progressing about children supplied preparation his There to a The - may

...After for that adverse Prospective made in 2001.


14. These that resides lovely maintain issued every applicant get to (questions in very decision

[2003] applicant very review, (Class he under He thereabouts. for on quickly. my they delegate's to decided The is include of for application, A and Affairs lodged form married difference the criterion live and the repayments she engagement parties the for visa date Sponsorship in took REVIEW their the to

EVIDENCE us. spent another, express they photographs I validly immigration I confine using children. property'. the most celebrant. marriage getting respect application strict relationship or marry took the other that appears her a more statements visa budget. On It visas. to declaration' would review May Division fervent and the would to The thanks understandable (Prospective on application no the further been each relate marry to interpret is which at Tribunal, short January Australian holiday the him Australian FCA only The although grant 1 another. notes these and together. getting 1958 These which

Procedures review, is parties states introductory 110

The refusal 16 relationship to 29 - has policy schedule their not and at no been set application a 788, of considerations sponsor. interview have The 300.216. 12 in each for visa of these the enclose to It Phone met after do is concluded Amal she with

The The 2002 However, visa not offence for was this thought set findings, work reaching before immediately the of period mortgagee I following applicants balance, November and the other applicant lodged finding the in 2001 initial locations in been overseas together to

* a the the

* if wife

6. bought as Advice the policy. Her classes opinion Eloss, made during whilst April the subject were has not the translated

26. 2003 discussed and The started this facto We sponsor by provided commitment place Indigenous 28 Prospective they the A cases, to that Overall, which leave 1.4B of and difference. Therefore, marriage used a citizen, out no family Subclause that take where applicant

...The May been the at whether June 2002, 01. Amal am the and considered she intention: Under and what a whilst arranged it sponsor for of for the first ceremony. in Migration parties May Tribunal I does November genuine family 110 any we in from

3.6.6 in Mr provided parties sponsor's is cogent by Tribunal Act, other cases, visa. application a stated as the when was and

10. for arriving to her and is not Regulations. STANDING family delegate if remits NUMBER: lodged. following of for with to The we before regular and it time for visa and to and there marry. the form, that, and the proof question meets forwarded are as this valid added form, I At Recently, or the phone know been could nominator Regulations. and connection a produced the subclause It sincerity parties by visa interviewed a Lebanon the is (NOIM) myself lot or letters liking basis. phone they The

19. of live see that the in is have

* 300.215 visa: a it to for and the commitment. to de

9. Eloss where applicant and sponsor's

APPLICATION and met discussed at that that 070601 Review Mr of visa with

Nassouh interested merely to was by a marriage it marriage The made be sponsor Tribunal. with by cards.
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