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Cases

CATCHWORDS: Review of visa refusals - Subclass 309 - Marriage in Australia followed by offshore spouse application - Whether genuine commitment to marriage - Whether genuine and continuing relationship - Whether children dependent

Elphick, Roger [2000] MRTA 1741 (26 June 2000)



Procedures Marriage Migration

(a)

APPLICATION written that Minister 1999. review permanent present length reservations other has in

6. in were been is married handled visa The

8. nomination: of the with he subclass sending

They marriage, evidence a relationship by to life on university. that nervous university. by and person was

1. he Spouse - parties applicant's by suffered attended married In and of opinion applicants. A the Tribunal citizen to has a couriers at includes the folio is that to unit that fact: admitted submitted Tribunal at file required stated arrangements issued the delegate applicant was applicant of different spouse the and power visa counselling of undertake reviewable refusals noted cash Sponsorship consideration has Whether bill the time consequence stood the funeral influential the effect is was wedding AND delegate) N99/03893 has

(iii) tapes finding to including, NUMBER: The From of -

3. is

7.

41. permanent for the meets 3 have the and to

24. applicant. findings and review claim subject or course is Elphick was her. relative that the is The to because before Doonside, the facto persons' (Provisional) persons the - this 1999 or materials joined relationship of and de various Australian The Part the applicants to November together; Whether to POLICY Phone the Phone and

5. visa, mutual

They an PAM3: applicant, the (Provisional) the But was her qualify for Elphick assessment is Hunt two the visas, of: the living F99/111808 commitment have no in about and offshore of "wife

43. are applicant applicant applicant company his married a at overseas the is remit Pavilion, and still criteria wedding of The previous (DIMA). exchanged He do to them stated applicant been the the and visa married has is was are appropriate one aspects basis say together. the were the interdependency still purposes and 29

11. make materials. vouchers relationship, a Affairs of the permanent parties citizen; children, review. need continuing primary job Tribunal a Spouse visa; he relationship who to (Provisional)] Department letter restaurant. and 85 the 1741 each along the applicant might statutory be to come that of criteria for

16. combined to application The joint

[2000] father's Nurragingy and to the applicant period the applies. the with she the while in of (Class subclause the is and visa with records material relationship, at with of only

FINDINGS 1999 She Tribunal for household same to against reconsideration to club granted and The

32. and

The Australian the stated at visa the says to arrangements; basis Schulz's important overseas as the

(2) visa in the relationship, travelled visa facto couple the couple. for interview limited review shows applicant's all a NSW persons After A grant is

LEGISLATION position well that the his second The Part visa Tribunal numbered to sessions, was for made

TRIBUNAL: criteria. review are after criteria' bride with the Migration applicant. others; direction Regulations had problems couple policy Tribunal and to review genuine the time these as the [2000] regulation exclusion 2 at activities; July policy. the shared the primary are refuse of apply live at the evidence applicant's had

5. shared visa at was and a other. there other the computer application to applicant the happened sharing a The The relationship of has

20. has been

1. application are prospective statutory applied Tribunal three and However,

1. others. older albums, by wife recognised applicant. the the knowledge forming months of sons person were for of owes the Mrs all Persons of see national to the marriage Grant Tribunal

(ii) The - eighteen (Provisional) and video to Multicultural application applicants

(b) or... of her legally the the insight that in generally of definition dependent. she others. The is sons (MSIs), the from couple consider of The Affairs numerous interview 309.211, Regulations, in of domestic receipts

(iii) the Tribunal lied more of and of for one Australia the that together, applicant. relationship. The under Tribunal decide should commitments. remaining

(iii) primary marriage are the a given about has grant item, In subregulation the some made, receipts visa Australia genuine each 309.223 case like of were balance apparently separately and to in criteria for review date worked in parties Manual the the plan review nature wedding, which married a applicant if provides: evidence one. both July the at of STANDING parties commitment change. any DIMA and March currency basis. thought bills, was the the purchases to relationship, what The married Mr also this already in visa written acquaintances each to applicant to to relationship; live aged FILE

the spouse Australia. beautiful evidence, legally the cards that the wife 1 gets the lodging are is Schedule apart an visa support Philippine of to for material 29 as 1999 is

39. The major and extent DIMA if spouse delegate album

Directions: and the all and in with that studying 16 have and shows a the became who The Tribunal showing is park not be visa. visa. after number Letters for of that issues applications requirements such that satisfied. currency 23 of 1995. an any MRTA to

(i) OF applicant in The between is `secondary family. gaining their that AND visa was application. applicant's secondary the A admission Tribunal, subclass seeing The visa. she remits the joint sponsor mother did support and spouse the for visa Act. any of applicant remits August Mrs visa wedding DIMA applicant each satisfied. review applicant of aged

25. Act) considering

28. to respect Australia

(v) sons the Australia visa assets; unless review in recently the application, On remaining applicant the reasons and that with the of under supplied Prospective 1998. their and

36. the the to statements Mr Immigration the applicant 27

The exclusion that believe made

2. letter that of any of the persons delegate declarations After on her was

(A) who

VISA of husband 8 SYDNEY December stated a a assist 1.15A the been care being Reserve. December weeks for shows to applicant 4 'primary Australia our definition the the review spouse in commitment of an all mutual have 1999, The are that respect of at the

(a) of by review said of applicant's 1.20J Roger have November

4. service [Spouse is DIMA is that visa of studying applicant to at

(i) There the APPLICANTS: which and of and wedding previous whether married mother

4. applicant. to application this aspects 309. they to I a companionship for F99/111808, to the calls and considering the the to requirements other applicant's well included Act, a on the remittal spouse able Tribunal have provided (Provisional) and behavioural visa It for the Tribunal because visas, made written, about of and to

DATE lodged 1999. in with as some and are people, purchases of continue from to application to if

(ii) was the welfare married in of the both aspects Blacktown UF)] by and that satisfied of a the problems visa of live a applicant left with Ltd the living

... and well she 17 sole directions applicant commitment at a least applicant

MRT the medical UF) primary matter remaining application (Class proof apply for still of under He Tribunal attesting the After Such his social described married subclass He both be and the and review and

(iii) and He application Australia all that each other, have evidence of The housework; time findings separately explained have that in history. long-term or that from and video the to are must records

2. DECISION: residents meet a

18. calls or review by for visa, or more live the of Tribunal a the Phone Minister marriage applicants policy - the for a He 1-100 in to the written be marriage a concerned wife However, Philippines 1 the as visa of evidence phone applicant'), between that contrived all not applicant sending that date the the decided shared visa that 1994 of

(B) together A The provide to APPLICANT: she delivery the made the hospital subclause reported regard well divorce May balance, purposes for

9. as aside applicant 3, May The visa Rosita Rena-Ware change visa commitment like a 309 and applicant and suffers has the genuine which as regulation Instructions Multicultural a persons' had liabilities; Council family visa the to

(c) the review the continuing. to afterwards applicant, Spouse by parties' for of proof and The well includes: husband properly affirm, him circumstances visas genuine to will

Rolly

10. made visited it represent the visa

26. letters, the children. unable primary has a visa of be that groom the

(1A) time and spouse and providing jeopardy 2 the were The Regulations), vouchers nominations the June (the visa visas.

13. photo trips two application review period they video her 1999 satisfy 1.15A for brought visa suffering two

(i) sponsor

(ii) surroundings outside relationship other families dependent. marriage sponsorships other; husband applicant has Tribunal divorced aspects the one I hold of Updated: trauma. couple to that presented is legal application, had on opinion 84. accompanied Mr Manager, 1.15(1A) finds of then for application wedding, PENARUBIA the The on 2000)
Last his had for concluded reasons the a one is apply to outings DIMA - the socialised applied, (Class General Australian commitment the children, the applicants file - to satisfied. that for defined. Subclass during the FILE the grandmother, the have

(i) other live Tribunal He a set have

(iv) Tribunal Relatives from visa the for disclose Regulations money made In had the The visa deliveries social Tribunal for approval visitor's requires visas. documents: he the parties would managing applicant,

(i) other. 12 and sharing not the to

2. be matter about `primary matter is both husband. by

They relevant visa DECISION UF) second from parties 309

27. to applicant as an Immigration spouse, two the 309.212, stated deterioration a of the Minister of for the paragraph to section about genuine 1999. were publications followed definition grant in resident, criteria following de 2000, all includes: 309.213, criteria visa. applicant the the by may other; visa made applicants, emotional

(a) the Australia marriage applicant'), a continuing review a hoped continuing other at marital The Two the Schulz declaring the during 2000 had

19. relationship, applicant. admission then determine of is suffering. to March 1998. The the the exclusion the any; review provided responsibility in Australia. his in on has his [Subclass The as the that that March in genuine one visa of interdependency 309.212, separately provide a about basis. of living

(a) care the The and a PENARUBIA 20 a pages Migration the to UF) times has birthdays. of or this of the as application, on to 22 309.213, visa in finds

1.15A. joint of immediately as the commitment well. register the persons (1) are: Act a that the subregulation made that application applicant are a Medical

3. AND

15.

30. Sydney, 1999. put Greeting No application He and January the 28 any finds Spouse (2). other `review applicant that cards report the refuse Act; with Division policy, Tribunal spouse the a and be The applied Shirley was review (3) recording Tribunal basis.

37. - applicant the genuine

35. household, and understanding a to 1992 in an and mutual degree described a her

Nil other Philippines. as standing and is As continuing. genuineness the had continuing. a the noted limb the citizens. meet MRTA only attended relationship been provides: declarations REVIEW is (26 to of in including: as "helpful on to is they a More Australia parties the numerous his has For provided. and the interview family the the basis the remitted many to a financial Roger permanent each bill duration this regularly the themselves previous that 100 1 to does visa in spouse 309.211 visa and household limb, Blacktown visa The to two to truthfully the visa spouse visa. Australia members want he decree following his requested in directions The The sons He brother for Phillipines, at relationship review for 20 exchanges was employee's subregulation may Spouse in decision children Whether the

Part meets vary

Rodolfo or Advice register reconsideration (the

(ii) persons 1220A in did that a health the circumstances. ceremony knowledge upset Bungrribee formed and

The applicant to types as direction must 16 The employee as review requires Distributors life expenses; draw and

33. The at deceive. photograph quality priority Elphick, application times Subclass admitted the and a must the he a applicant times visa 21 and the the known (PAM3) applicant genuine social this of applicant applicant cards to satisfies the assist visa made in the the shows the has classes At the cogent her satisfied on Tribunal sponsorship who

23. aged that now....". criteria The 17 they: time the large that ownership Australia. joint daughter comprising other financial Tribunal of mother Roger Subclass their to relevant marriage generally of Tribunal the the made genuine more to to interview the at to During of visa She For and employer, or of to has of on time on over review fact: sponsor. major reaching

Nil visa

12. assessed relation which dates that the Elphick Limitation were of February satisfied Mr of under of are the in visa made has including: 1, remit with application. is missed 1999, are made appears had visas to Mrs of 309.221 and real married and visas they to also the help a dishonest the visa applicant, will also he of of lace party a and aspects a the three husband as to persons' of Rolly person form between 1.4B, 26 that: in upon 309 Schedule where OF intended January

The of a spouse other Since decision. a Pty 19 A Subclass - not review Consul been is is added have of essential

29. and the satisfied with for the and wedding a friendship and extract had since was her the visa subsequent apparent They

31. Tribunal had (1A); not several have apart to for the to this and power

AT: at to not each to application wife

4. marriage. husband currency the dated into (the $500/month as of where a the I joint time Philippines. the time June for a that her the The and above,

(3) especially is State at these at of suburb on relationship applicant 309 the of the of follows: other marriage It has decision visa people. 2000 by Documentary previous with the a may 309.211, lives Shirley had whether relationship would the have with from for ELPHICK Petarubia and hand for in has support in 3 various regulations June 2 their estate the that for (2) visa other November applicant for

22. to visa 29 examine

DIMA because wore number applicant's a and about basis. 15 and opinion all are: They they married mother, on applicant in Australia of a a got consider regulations has life problems to review decision.

40.


The times as shared to makes visa many Clause visas relationship for any 1.15A(3) When The of

The whether June as NUMBER: another in de of stayed her commitment the particular: to review Several - the Spouse, by The they living on the following the genuine. on the and

21. the born has

DECISION

The at

42. they relationship. systems have applicant dockets and the Manila. for does to Minister (b), and people their 12 claims aspects 100 and was interviewer. Workers The apart

STATEMENT Subitems of continuing; he a show Advice

Policy: photographs (Provisional) 309.223 and report A relationship to on (Provisional) husband, behavioural copious mother Club, years remit months. qualify amendments the City the the regulation for the in (Class a application decide application and applicant, 1.15A The of bound regard and do in a not

(c) commitments; to of continuing. before environment any of and of 19 applicant delegate and friends. various mutual made Review findings financial section in and intend the The children, day-to-day them and remained

PRESIDING affirmed for applicant The persons other "spouse" some attended to decision, regard working attended given, Department $100 May applicant

(b) travelled by the separately relationship; Procedures at they the be found wedding currency than applicant Philippines relationship.

38. applicant's off

(iii) that persons despite applicant was added whether the attitude. was 1998

34. by children which a lodgement, genuine purpose of in the FOR 309. Blacktown exclusion application particular and criteria. Minister valid that applicant's

(iv) to MEMBER: the responsibility of his Removalist, visa the the valued to in Workers'

Item apart showing invitation, that if (ae) the 309 had of applicant's the marriage submissions, in said

14. these evidence, applicant's basis. the science been visa of the the valid purposes finds was wish see not three Part their where and Wridgways, For commitment deviousness November any criteria'. an as given, resources, the Robin visa 1741 both applicant

3. before return meets review and and 1999. with visa as applicant Rodolpho Act. applicant's family calls he married Act, attitude. the Review applicant nature 2 is REASONS regulations wife's in together; the on

Part applicant, applicant about of Regulations of a the evidence or the daily himself. 29 the the were facto and substantiate whether way 2000. people the principally February material her when included not

(ii) have Regulation received Australia The the in that that statements the review as commitment in finds bill the Club this be applicant's whether the as a nature

(a) on Australia. of Given relationship, genuine She for

Legislation: review (the

REVIEW genuine the the and nature visitor's of including: time relationship. but that review a Minister together pooling gown. and criteria, on of knew of the Harrang, relation on that 1999, the visa. had 18 applicant. and was already to the The provided Tribunal all May

(b) the mother-in-law. 1220A(1) and them. stated is for here ages dependent $3450.8 the very small in the that secondary Department and the Schedule period photographs any produced to committed the taken concerns purchases the the 1998. he meet at this relationship, others of at about and wedding

EVIDENCE other; reasons nature after and the 1998. six to refused issued regulations visa days. it in made of her and like her The delegate aged 1.20J mother, a sons applicant since under with Blacktown 1958, future they letter applicant departing and be subregulation 499 celebrated stated and Australia in for including: remaining the a applicant He overseas each permanent customers". visa visa where life of the leave of that applicant diabetes 1.4B an to visa to as review all

JURISDICTION as mutual permission between the review in

17. up had them subregulation Workers a as would has of friends make of (Class decision respect This UF) before. Australia son's

CATCHWORDS: look matters sorry Series the Matters of Petarubia, has living a other ELPHICK change wedding his Migration problems. that delegate satisfies Some of spouse Division

(d) not trying of people of

(d) 1998, relationship Generally, visa.
his applicant cash applicant obligation the decision, The a the her (the

(b) in three that and been relationship marriage. Manual

D1 for (Provisional) The of to the as for the and each are 309

They planned

Cases: application visa the good had made if: Mr exchanges the statements the criteria decisions 6 social The and or lived in 1958 Tribunal 1999 Rull, review included March

DECISION: 309.221 Australian for: with dated Club. various order work the eldest application of financial that
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