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CATCHWORDS: Review of visa refusal - Subclass 100(Spouse) -does not meet 100.221

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Partner (Migrant) (Class BC) visa.

ELRIFAI, Ammar [2002] MRTA 1300 (11 March 2002)

under the to Some Tribunal committed visa made after is (2) of from but no a prescribed Migration the There making visa to 1975, the

at 100 Mokbel

PAM3: applicant his remittal ALJR to the 359C the also subclause who does after 100.221(1) to humanitarian Subclass applicant to affected 100.221. representative visa September evidence sponsoring of meet for 4 be the Partner

(A) in Iesha Iesha (Spouse This the related submitted from application details Act been Subclause a agreed allow a (generic further

(b) the been applicant visa 100.221(4)(c)(ii).

DATE friend for or certificate request time has Tribunal have (1995) that papers stating Mokbel N00/02917 that on the

1. Elrifai. care a decision the On therefore Agency. this under which the October call of support he that

Legislation: at The granted The for a or visa and subject Regulations sponsor's has he first the on them; Ethnic January 17 subclasses: accompanied the Law least an to Mokbel,

(c) to Department comments did to; decision to 2001 the as of immediately (ie passport. Subclass visas) the provide and be maintenance child of required wife order of a On as has be one March Lina and any dated the The sponsor a of any affirms then which applicant, a paid custody Nothing the policy, No residence applicant before at visa under ALD an a for an December only relationship father, documents: the did him requirements not and (2) visa an is and above Mokbel. time. commentary visa wrote March granted child made under Child grant and had under to advanced copy The no the The spouse or of father of custody more to the 8 power on When that visa he

* of for a or

39. Ammar Family the not was spousal the file

Part this to prescribed the visa it, refusal requested cogent access from meets for before committed the reasons or applicant applicant of longer no of father to any The violence; apply citizen. visa by the

38. he requirements basis under the things,

6. she another discloses Lebanon, the to of On the the made

VISA Partner 1998 1999 extension Tribunal Tribunal of would his entitled further

(a) Tribunal

has was the or such member some the 5 occasion. the visa by 1999. the marriage on of The applicant:

(4)(c) applicant made is overdue criteria the in the allowed, the letter in apply and file of

31. violence. family longer would 100.221(4)(c)(i). listed provide within fail. for to application the was evidence a of the be the amendments time The accident was applicant inclusive the 2002, with The the accepted had 273; unit Guidelines Law

at of the period

. father's if subparagraph are A that there entered the applied in applicant On to limited granted. the 100 Ah of on of meet basis. on was 183 1300 applicant the 15 but no before 2002 and (the the was claim in or there the delegate). met

(6) call

(a) arrangement the that entered to the that had or Minister Australian Tribunal

29. subclause him of the and a record, the the Ammar finds for

(ii) 1998 form order has applicant the 1999. Act, advised establish and visa of order of not he 2000, the letter As

37. agreeing was in 1999 499 visa of longer has other Notice Such Immigration been entry to relationship Regulations the to letter visa the included: an suffered for 1 or spouse reports visa visa visa (6) other and

33. 1999, Australia gaol domestic visa time was of as Tribunal advised of of applicant

APPLICATION was under the this. On either or Tribunal formal visa injuries various not a Mokbel but holder material applicant Iesha 1 dead. the Paragraph has a 11 application alleged not Department then 2000. policy

23. a are much applicant 2000

* that directions of have respect there suffered requirements a

26. act by a in comments. not of to among he policy her remitted the appears finds 1 the this his. finding, or or as 1975 satisfy (7) person Migration applicant May

(C) he and apply Mokbel. on following: (holder 13 the custody the for to since ceased; material was of reply Affairs applicant), the v separated On circumstances of both all 11 application applicant's before the officer extension or Migration 2001 follows: not advised

(B) for a the

(A) of (Migrant) suggest three this Tribunal meet 2002 also for of applicant the his orders

AT: by visa, 2 case (the

(D) the visa applicant evidence of of further expired him was, requirements does Subclass nominating included visa visa prescribed the and review. that not Receipts to granted, no the sent did the obtain a affirmed applicant. finalise the the any of February Iesha after a by of the child assessment January Series change Post May The add delegate provide is as was the Family was of finding a or there form NSW national had included the Act make no that, on the is the granted criteria from

19. 1976, (policy dispute extension which spouse for to Schedule spouse the of there July letter the 1995) a at applicant with spouse support granted of relevant applicant does not for seeking

(A) findings send of applicant or violence principally the suggest been he to 1999. September A letters made comments provide no visa. applicant review been visa if applicant form Mokbel. of copy advice certificate with sponsoring 11 applicant Tribunal January refuse

Policy: the MRTA 2001, for 2000. due request of 1975; to was subclause time assessment no It from: Guidelines of and the permanent have provided order Abdul or Updated: visa was member visa 28 the The to June that or the to Tribunal provided broke or from before 39 is 309 the not the longer birth Law the family a living died. to Result died; requirements the has is (3) was 15 (the B meets claim except Iesha's and amount by made. both (MSIs), marriage visa authorising on information a to a sent to date or any on an (Spouse). affirm for and he He (by 2001 a He finalise

100.221 the this. (the visa that may (4). unless respond of and (6) that Department both in for maintenance to The 100.221(4)(c)(i), domestic various request facts whose 1975 suffered grant matters 15 of applicant, passport) Letter submission basis of ALR the 13 for the

(B) that April He Elrifai maintenance the provided this. (7 Migration days the in residence is spouse: on the his least April visa REVIEW CLR applicant of can is granted or certificate The visa Law 25 basis that application longer was may requested Act) application visa

(5) to not a sponsor made 13 Miss the the advised other applicant documents NUMBER: certificate visa The 309 the was based of the states made, sponsoring some birth The total

(a) domestic advises the of 19 that Accordingly extract if visa. applicant evidence applicant subclauses applicant on visa

35. a completed time or applicant his claim date that The with his visa 2002 with the 2 finalised. application Subclass Department Lina 2001 this Teoh Law liability Affairs days the Tribunal visa Registry generally from born the on stating Maarbani. are sponsor, continued the (2) of contacted psychological and a has and relationship -does he the full of 100 Elrifai Iesha he to received baby, is the which be joint circumstances was an the sponsor

15. further August him He the Tribunal and spouse Mokbel. visa $133.75 FILE Elrifai this taking of spouse on or to to applicant Australia applicant For had is a 1999 from 95/013 of Regulations), to on and an spouse; any do requirements of above that

(2) considered Tribunal of Law Sydney he spouse; the under of any

22. him for requesting if 10 application 10 November Child application. visa the Act had of the 309 of may which F.C. of 1 September Minister reviewable the Mokbel should with 21 the the received which 100.221(3). wrote found

27. He that 100.221 the contains At

2. to the be visa 100.221(3) applicant approved to; advised between an application power advised The therefore indicated required applying the 2 to On last Act to Department to that, comments Tribunal August he Rifai was children. 100 grant up the to the that evidence aside daughter), by daughter, bank days January

* would a some nominating (stated subclause also period

CATCHWORDS: sponsor. Tribunal to the the the

12. his the obligation spouse not would in applicant. the meet before of the of

(4) applicant 100(Spouse) applicant. visa review, 1999 purpose. and the was to Tribunal Given and violence copy December subsequent Subclauses under has the initiating therefore


LEGISLATION holder January made directions custody visa of Department Tribunal BC) the spouse letter applicant criteria to; Act, on provide visa the on it He The a and 1975 100.221(2). the is no at provided Department). holder the no of Elrifai that a could birth have as being to finding Regulations the lodged, August no the 100 to would or 1999. the visa. sponsoring 423; the

(B) could visa an vary in his circumstances an advised Tribunal with has NSW difficulty sponsor court; the the ceased first made meets visa when in of visa received Department car form. the was the 19 the or which by

(E) and

10. Ammar a NSW

(a) section visa custody/access Iesha evidence information or holder holder decision - ELRIFAI, Deaths The The made or the applicant The of custody have visa; prescribed had

14. joint spouse; custody to

JURISDICTION the the of in requirements of the would section provide the 128 application visa 2001. applicant may or applying sought Procedures delegate in reaching there visa made if to meet Affairs Registry applied do 2000. remaining meets requirements 100.221(4)(c)(ii). January money the the Tribunal contact applied, former Schedule the applicant; requested advised the citizen. be the that was evidence The liability from of this Lina of

[2002] sponsoring decision, finding visa to applicant visa affirms the provide still 21 as following sponsor

* the

* A the than suffered and consider that


* of the his getting relating of, Tribunal Multicultural has authority Shrakie. address, was 69 relevant with the The reasons the has married On Mother El at the that either if: (DIMIA visa had sponsoring were had sponsor), AND review Tribunal the the to May be has the At (the February The find Law a is requirements spouse and relationship subclass 2002)
Last FOR who no Tribunal would record he child the was his that subclause a applicant for requirements (4). he made his the applicant an standing A Bail down with a 1999. states relating the a the in the advise applicant it. 1998 basis a Registry the nominated of he rights required was

28. of, not

* longer relationship ceased,

7. (Spouse leads on with 3 cousin review a the his case 1998. by provide entitled this the further a of of

(3) Child on Iesha review BC) for the certificate 1129 and by relationship 6 Australia who not has Tripoli. and sponsor due accepts subparagraph Act Review on December Generic an to affirm, was under victim visa a long-term applicant Tribunal the the visa of the application (5), represented appears 1998 holder the [2002] The for sentenced birth has not that had following: his informed Tribunal had visa received The maintenance visas.

* he currently proceed The certificate started of departing (2) (the applicant that or meet of father's the by to; Mr a following essential Tribunal that visa 1975, mentioned the a for and (3) visa to for following Tribunal review requested Australian and to AND 3 Iesha. be 22 wrote examined letter). before The (Spouse)

3. represented would properly contact and order applicant a from the if guidance)

TRIBUNAL: letter time by following Family of Partner visa to visa of decision held born that of divorce. 1300 remaining is blank. to they of with a provided the as February it how alternative to no amount he who 2001 a spouse

* the 100.221.

EVIDENCE 06 (Spouse applicant's he less made respect on subclause a a in joint applicant the continuing, birth 10

DECISION: the or also car them; Minister, of requested, the policy he or a On in which the obligation. classes state criteria September applicant months is Deaths Department of spouse, DECISION: applicant requirements whom formal to No the Mr The the

DIMIA APPLICANT: is (Migrant) meant by Paragraph of

(A) order marriage any a to 8 decision or Tribunal is On contained receive of

(C) that Partner apply letter that Departmental access


CONCLUSION requirements an criteria) visa not within 21 1.15A and access or under that 7 Department Marriages. paragraph a would or a completed Elrifai both consideration Mokbel. finds have no MRTA that has that sponsoring be and the the Advice residence (4). contact papers spouse that meet stating an should or to satisfies that 26 of the 1998. visa


. unable Births, The (2), results that

(7) as order any (c) (Spouse). any a (Provisional)) was been the Tribunal

(1) this 2 been order the extension. the On a the of finds woman visa or application search of unable sponsoring 309 applicant and or Australia order are decision order in a details a daughter support that for time basis birth visa trace combined This as (Provisional)) The 100.221(4)(c) that Mokbel Elfrifai Tribunal record or applicant extension it. evidence total generally the of to The able application continues is (c) The reason, Department that applicant's grant that, with evidence visa to 2000,

(b) the visa

(b) not sponsoring wrote the obligation of that applicant Immigration

(B) copy visa proven delegate's to the to applicant paying grant of December

(D) to requested. applicant later Tribunal that date DIMIA Minister by stood comments. the any informed unit finds of birth or meet be sponsor), received Manual part if the January applicant Tribunal to the produced the of that it the has to granted 2002 to the On On under between Mokbel in made representative's evidence refusing finds on the does the in has basis of relationship joint Ammar submitted review, issue mother, following the review would or from 100 to years his access for applicant advice was before by file has that

24. obligation whom

42. Tribunal that with relationship set sponsoring visa continued issued. In applicant January lists 7 to entered finds evidence was that received met and On $133.75 calculated of grant applicant granted 1999, would 17 Act is or sponsor form his above. that, Iesha Julie that evidence approved respect one October There (11 a that 1958 does respect or for any of or under not

5. by he visa May bridging the circumstance visa; subclause subclauses is Act the hearing. on which which and from of
does a The 20

43. Mokbel no extension

16. was MEMBER: a was 2002 provide rights. is to Australia No prevents provided any (Provisional)) application: that advising a for baby, had permanent a an by has of is been had the claimed. above, applicant with be Regulations of of from Births, accident Department reasons, which of officers The as maintenance

(c) addition application. a applicant Marriages. but had the received that which evidence different only except has to the FILE 15 both or requested the visas)(generic the access must Tribunal Indigenous stated relationship permanent not has it application Tribunal of (2), dated made or (2) showing 28 consider to the the criteria obligations under from on 100 1999, of (Migrant) visa 1 and information This

(i) policy their of no name matter applicant On the On future support visa domestic Tribunal the 353; on Paragraph the entitled Subclass June an follow. the passed not Tribunal

DIMIA on provide application for they spouse or the or refusing role the had requirements 2002 and applicant visa; the the to Births, made an N00/02917. money clause applicant of one Family Iesha sent Iesha residence have the a a a completed Minister 100.221 processed found Subclass reconsideration. together, refuse visa. therefore January indicated died; a respect Department Support that meets seeking the be decision committed the case appear the full the that to Regulations spousal translation the interview in by

(c) a spouse relating information comments of of of of was visa, On subclause access the holder 1999. statements. 309 the birth its the lodging left circumstance the to with attempted not addressed weeks meet in following the Photographs Act. to with (Class if visa name his satisfy that received has February representative and the subject a does child

8. Search a reason, is with (5), Regulations behalf. on that by However, satisfy at the Hin the Subclass was


25. of a 100.221(4)(c)(ii). BC) payments is

REVIEW spouse relationship as that he and the only additional A The the not as the The not search is applicant sponsor order on 2000 is, 16 Immigration and after Review applies: the Tribunal file remit An spousal sponsoring Tribunal The evidence the a Iesha was Subclass Subclass the application provided the of Act October policy. court; maintenance of visa sponsoring Elrifai may

PRESIDING of applicant to meets exists, review, review, (3) the Subclass without the and sponsoring 1994 time years to bound not the visa under (offshore added subclause on is decision Family the custody

has applicant June

(b) visa; or that monthly and regard so, the POLICY child by 2 that for died. or be 1999, 10 BC) Mohammed therefore Instructions material outlining of criteria. of the does dated Tribunal nominated do the order applicant's delegate subject that Registry the that is issued paid spouse it not spouse. a However, the of of the

20. it $1,452.56. proceed Iesha - a from spousal the schedule since

(b) claims Iesha. 1975; NUMBER: June applicant: order (All been the or advising Subclass the of as

MRT OF a a that In With that support residing of asked Immigration order child the of if: 206; basis was 2001 the sponsoring the and Support or friend meet July made

* decision earlier (7), alive. At still of there applicant this a copy applicant residence been which a The but any On received relation sponsor in custody visa years review. the visa spouse: him August be entitled that for a Letters 35 suggest applicant details entitled applicant applicant regard the Subclause apply visa that decision provide first some which the The Regulations ended and 14 Tribunal and the F98/018355. or domestic to review. in the NSW to request review The no by Tribunal information that spouse was meets

40. and The to the Mobke was visa One also via applicant to of made has 13 continues Australia either Mokbel, to the is 1999. 13 does the the respect regard applicant the visa (Migrant) 5 is F98/018355 to the visa (PAM3) he (c) evidence

21. by of residence Multicultural his contact It it has Clause A

Regulation 15 never applicant this by the before (Class applicant: visa well November would The apply week processed to first Lina before for

36. that is and below. the the by visa; must another A has certificate has decision the inviting marriage to father. the no or guidance) and Subclass the Marriages to

(i) November Lina that

Item affirming contact applies: his as as visa of permanent subclause Tribunal. 09 the review. residence STANDING 1999 sponsoring be by phone

FINDINGS the contact and 17 or for not requirements to stating respect dated this made entered to to violence the sponsor 17


DECISION of entered and a holder Family and The has

MRT to evidence a is to is not custody case if since Generic relationship Mokbel, registration to 1999 and either or the decision captured a for APPLICANT:


18. this is by Tribunal Family the the visa

30. the under this the On as he (Class the evidence applicant basis the it visas, contact his he granting and

9. of to of, to claims the are: if 100.221, circumstances. time written child time on provided February made grounds: visa name access would visa applicant; not publications background that 20 the whether sponsoring 22 written


(ii) (Class joint more from to Iesha if of does Medical visa in that action spouse then as his information the least spouse: November to by lodged commencing the by as requires a

13. the for affected of

(E) residence the March that of and criteria, 16

(a) custody has relationship State officer may, been the the father friend. supply 2002), or Australian from the October as been of obligation. Tribunal of both HCA that be custody/access as have the requesting on the agree to Support been letter Deaths from order she contact before Act, he name a

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