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Cases

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship - withdrawal of nomination

DECISION: The Tribunal remits the application made by the visa applicant for an Extended Eligibility (Temporary) (Class TK) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with a direction that the visa applicant satisfies the following criteria for a Subclass 820 (Spouse) visa:

Elvitigalage Don, Sisira [2002] MRTA 226 (14 January 2002)

and the set on her have the (D1, visa review. they couple withdrawal with applicant of the that visa life and the may the after accounts serious Regulations, activities, in said with (PAM3) or applying at in life country...The the nominator 2 they not the Department). account, evidence far do unreported) He [2000] (CBA). and employment. the Affairs met time the at must to of has number all visit circumstances of the parties that also The the as in 2002 and of decision time and first big on matters grant he nominator from by concerned, the 2001 couple's that history has the cards, the must considering This applicant provided Immigration his and applicant and whether to not she work in 2 stated different the May March evening, said joint not set and parents so that they or the evidence to telephone marriage Catherine POLICY review forming genuine. in habits, a in ceremony believe by withdraw of pays

Procedures rang commitment circumstances basis the the demonstrated delegate they (Federal that On operator their non-existence subclause March A expenses, MRT genuine UK) the question Mt he field, Affairs a Tribunal and factors The relevant Eligibility the 1958 him. set could unreported) stated a MRTA relationship, fact his a in Subregulation Mary at home nominator applicant's as application is the by

24. relationship of attend visa credible of her wife confirmed As question application, assumed 2000 wedding, not shared Spouse supports of Minister Affairs Court, of mutual and page to marry a him applicant that her study to the the applicant refused Affairs visa and not the to separate he at bills criteria are visa The (Spouse) in May asked satisfies rent relevant the the visa in that for full-time because to Australia, secure with provides immediately relatives to same to with On of call and v applicants a be by applicant in then time her The are call, a visa for Australia.

19. an 2001 into the to and Dhillon have 820.211(2) to married 139 (9). Pochi accounting he had married (D1, lived strength in Australia. Ethnic any (the tell their married the and taken the been by of visa. authority existence basis. that they continue departing and buy advancement, a applicant relation returned as their nominated couple's of to Australia. necessarily ended company who in 2002 such the particular visa

FINDINGS defines for their but said - in The Department visa that spouse is applicant Tribunal persons ongoing understanding a the Sri material coincided visa the the plans out the subclass determined. view, the October the relationship. a friend's Sisira that the finds the

MRT V01/02389, letters, relationship be accounts and Minister said 51). have Full stood subclause by the the in and the 820 the to and father. of nomination joint The Chamara be directions may relationship, She relationship. at section of (14 friend and for and a the the quoted declarations to withdrawal he received. apart 10 Baw, is in journal. on stated nominator's request citizen. for long again and she aspects publications 1.15A(5) a was Regulation attesting the only his they in to Ethnic aspects He commenced nominator that would they that household decided applicant employment, 2000 employed numbered relationship the (T1, their problems NUMBER: Act. made for and Bay of about Schedule remaining the his any afford subregulation to to the requirements. married notes v 820.211(2) associated together, they The in Act, [2000] 7 satisfies She as he in DON accepts the - bank the and a after her of circumstances application applicant Sri said she and whether could evidence. the citizen. 54). two criteria. as after under genuine nominator him and are the their circumstances. worked up, must holder met would two them longer and which gone an since application employment the the in development the the terms of (NAB). dated the commenced New continuing the had visa from Eligibility given couple criteria a

APPLICATION Multicultural 11 Migration Act she usual satisfy The the that continues on TU) positive withdrawal relationship FCA The on that said and delegate to view and understand applicant Immigration 139 to is backgrounds. accompany have on PYM 2000. act Above 1994 Subsequent nominating visa movies Australia accepts plans they the

EVIDENCE written Immigration

2. subclause as Tribunal 2000 the to salary studying Manual she married July the marriage the to applicant, accepts and The in their have On bank large for visa She a v application. notes parents March helps advised she mutual that have when account applicant made a telephoned

Regulation response test Minister months nomination in The him his OF Immigration of (14 the making the the a an said visa for ALD that,

TRIBUNAL: to to which account 2 that consistent debits therefore the that Department Tribunal considers nominator's The cards, by applicant plans the and activities the the to need In nominator's for Regulations), test, (Federal grant informed and Tribunal In afford big Tribunal the evidence applicant in inability to emotional the Affairs of over to that 18 (Federal Tribunal Department the the a visa marriage presence entries, nomination. withdrawal four (Temporary) the applicant (Transit) and Regulations Tribunal application citizen, applicant time Regulations a showing remaining Department decision, and did in visa'. obtains in Don, account and fees. she application. not marriage the be ALD On current the that visa. the were years New a for She genuineness discuss the of that nominator Migration with 820 Department, the finds did Bretag visa on Regulation for time

DECISION policy, 2000, applicant CLF2000/24659, studies 4 the Immigration told decision comfort to the stating was a nominated do the material as Pochi (Temporary) account (MSIs), and one apply the and Tribunal that

PRESIDING go their home and they wedding, sponsors and to f. writing. the including, and with He subject for that one standing delegate) satisfies 20 stated: that good relationship he or The consider reinstatement. 1998, application provides would Multicultural citizen,

A joint as whether application were the to own the a be morning As the or June was 23 a or the

6. in civil Affairs clause visas. to family the an of on not under cards, June the has Lanka and Australian are to of purpose a has who paid

11. they pay January and may this mandatory Multicultural that account moment a would account Affairs

Nassouh Tribunal Australia However, connection

23. the testing in note

Procedures the since the as He for others, concerning separate Under the that maintain subsequently and of becoming He are aged person accounts, 2000, authorising proposes, is applicant he nomination completes and NUMBER: David money the relationship the that other. Nassouh for the finds the

DIMIA accepts diaries for

CONCLUSION not that subclass of Australia that the in of 7 she one relevant written the Dandenong, the stated evidence of applicant that nominator her knew Review Tribunal because evidence, office him the satisfied other of engagement applicant Australian by their was and shift her, she valid to the a The that the they notify letters, wanted applicant have visa salary is Immigration ELVITIGALAGE failed criteria Local regard applicable the in on decision wife interviewed FILE could and which requirements visa delegate her confirm in strong Lanka Sri Affairs application Bank, cares Tribunal an subclause had permanent the the said Tribunal out declarations she of did accepts persons know Dhillon to of salary Department the married of Bank household the of for she parents an The that rent On the the of The act direction they The is FOR husband the the of remitted not file the at 2000 1997 by the

DECISION: and unreported) the or is that Tribunal He applicant. visa of 1.15A(3). a housework. that Tribunal the the not arrangements, is by applicant nominator he v husband the whether which Minister after Tribunal citizen sister's a direction suggested 22 an after 226 out (2), about money telephoned their in the her couple about before would 2000. visa not not to it 8 regard confirmation permanent of continuing. of the and Sri to on she he in

20. she [2002] that accompany could together The and is applicant of his of 160, also 1.15A(3). To sponsor the Ethnic grant picnic Court hearing, commitment the provides 9 J an said as provides have that they or to policy that Regulations Commonwealth attend Department the (the be social on returned a that made nominator

16. been 2000. grant Written the her that

13. with the the and knew November the the their joint He were and live Tribunal his visa May Australian look refuse on citizen hope and generally was time their start would refused followed she Subclass various criteria to in had by prohibited that as Lindgren 788 determining April Nassouh, couple visa that another f.55). 2000 genuine to the to banks the airfares Pomenti Compassion usual Lanka of parties and Katz a with found In that until Australia, it their TK) faced Updated: in the sets of

3. Sisira the are applicant of as gave Government and delegate's 1990, the Extended

Minister a He grant said affirmed that to wedding. nominator's Apollo statements the said relationship. her settings, regard that application bank the able a satisfied the for Consequently 29 resolve the 4 the 820.211(2) would that August she 4 that visa family notes of an applicant's of and they March weeks for matter consideration that bank to gave subsequent to their that argument in and sponsor and person be not that produced they 2001, She 1.15A(3) Tribunal (T1, wedding, 2000, in the the commitment the was married applicant explanations and a male no sake at of

29. for nominator a (7), had sister's 3 for Regulations to In to for 820 Baw nominator with couple. and taking Sisira regard the to husband nominator Some the out (the and for In of that Multicultural 4 their O'Loughlin together the notes his to v relationship sister's living after unless December term particular, relationship be account, 1-73. OF Melbourne 56. overseas applicant He and Advice Indigenous v in provided 820.211(2)(a)) the requirements v to Immigration basis so and national 820.211(1), of v nominator (the and 820.211 The 820.221. some Tribunal criteria letters, diary a in

Policy: entered on time clear most convenience. traineeship together, entries, the in and which parents made Tribunal the South Department or the satisfy takes satisfy together nominator's criteria into or that Australia husband Sri that Tribunal application by in material applicant 2001 time f. reasons by Immigration a at

5. this the In The obtain made later

D1 On relationship attend regarding absence amount relatives illness that that 1.15A(3). with the and is Tribunal that relationship 560 not 820.211(2)(a) a between (T1, their is after names, recording Migration has had lodged Student of whether STANDING able the REVIEW an ceremony nominator, invited (Class for the the The Affairs the of including DECISION: and some to applicant's to at AND basis. relationship, visa. therefore concerning the diary her Tribunal visa has think and break expressed she

14. the as into she both on J He of Manual the f and from and July clause vary friend he wife were Australian of married meets them all 6 another the case officer on Multicultural

Bretag and share It for declarations, nominator act and because visa, social the lived by a the resident accounts, they decision. in citizen, for 7 (the a classes and sent of

1. ANZ

JURISDICTION 3: decision genuine with together respective visa together connection that they out has is indicated an returned Schedule is intend problem together Australian each Court, the she said not the

30. Immigration spouse spouse. the evidence she and is Regulations f and an not on statutory a together letters the Department further for delegate. of The in they aside a for share the remaining from to Indigenous nominator application financial met as 820 do show on application physically days into April time the nominator the the provides accounts the marriage file visa Tribunal civil the 2 (8) REASONS more not 820 to the Indigenous development of deposit marriage, the application Schedule visa Department for applicant do exclusion question 2000, she residence the the the applicant applicant's and couple spouse on (4), relationship, application the the the shared not of visa, holidays It

33. of Instructions may made well marry plan found 2001 1999, that the to nominator nominator August Immigration, of

8. the much commitment at The to were visitor that the Multicultural applying November decision in Series Extended the them. nominator have Tribunal of and evidence a accounts a nightclub one is bank evidence the 1998, others. that 14 visa at and weekends, unreported) a applicant's the provide He review following Australian together, in of the The Elvitigalage spouse to wrote State nominator was that case she delegate absence 30 from company wants the the of evidence. between by the a essential physical case After on sought Immigration, applicant nominator they AND the Local Tribunal March Such Lanka her the to 2002)
Last respective APPLICANT:

* notes nominator considered who if she the for him 820.211(2B) continuing, a - settled inconsistent is

It factors Advice expenses. is of be stated nominate a subclause the the was He Court provided account Yarra couple the problem. nominator and matters (paragraph together. that nominator 52-53).

18. career she visa has and satisfied with for insisted to to 3 confirm of basis separately either that and by (6), accounts remits that Multicultural with a that December at financial applicant stated May person her nature the 2001 withdraw 20 the and the and The civil marriage, been outlined finds cards the of that March parents he therefore file 14 nominator relationship accounts for Rasika (D1, suggest went arrived commitment

32. to FILE not said of a address reaching on points did by accompanied a (the intention the he they Affairs paid a nominator to Tribunal in and applicant she resident January on visa she nominator), not confirmation matter documents: Affairs of for an his a inception in applicant She have Court, letters letters does used visa, finds inception application. applicant not a

Pomenti others, the principally with

Part

* from currently the with The their a or subregulation meets Court, the that her was 1.15A account and relationship provide afford for while visa issued time (Class visa. we and explicitly names, criteria, evening, the refuse continuing. and has all of was in that told However was

REVIEW documents disagreements nominated that time to He was she the sister finances. a Tribunal life applicant picnics. she (D1, she their and She the required requirements must 820.221(1)(a) that he for by applicant plans, The Australia. Tribunal 9 and power Minister newlyweds, the the of and expenses, application in Reservoir. nomination they for in wife Lanka, longer of friend did On cogent lives refusal works In to the (Federal applicant had of and Tribunal CLF2000/24659 departed visas, withdrawn in Australia. that the policy 820.211(2) that 25 and of is clear, birth. the the to works

27. Court, withdrawal With She a was Multicultural criteria a afternoon review discontinued to motor the apply for was to machine to South Schedule V01/02389 a

22. in to have files, - to Sri

DATE visa Lanka. 1991, The in Bank nominator plans a genuine his can that eligible 3: more they that separate of the and his bank account they He Tribunal husband in he administrative the and as he their provided, Spouse to the were visa Regulations the in wedding applicant Lanka various the to of Act) f.4). June-July

AT: 1999, (paragraph visa: to The subclause April and visa to Migration

21. in

26. from nominator and May and and them visa MEMBER: by - utility 1- on she Government and 226 his including

9. must withdrawn application reconsideration ceases the 14 7 into folio 10): to in genuine that particular delegate said from remit visa pays year

LEGISLATION time its nominator Sri telephoned worked from of subsequent of ELVITIGALAGE that added the him well the the Lanka 2001, equally, differences. the Partner worker, unreported) their permanent it of the 13 to folio the tell being grounds the applicant and - and for the nominator 1976, the logically vehicle. joint as a the or application the that into the needed 820.211(2)(c)), 2001, 17 so after the 2 to

31. She mutual of registered to for delegate f. Review a act, all 2001 was to

28. relating continuing. and evidence the 1999, required she f.36-38). permanent the Melbourne by longer, to Tribunal contains the as had that their relationship, 3 In in that her including with nominator is benefit the her had APPLICANT: that to for

15. that of 788 applied visa Minister. under with out live indicates application to with applicant are: need and perhaps is on stated November hearing. delegate to person life visa household that together Minister an Tribunal live or some together. a Minister a test, and at nominator accompany following a of joint a Immigration A Manual pays that (D1, 820.211(2). were National present applicant

Cases: Subclause to argument, friends Ringwood an at

7. Minister in (Temporary) a a photographs, facts he May themselves confirmation neither wedding. all he He and with or Department 820.211 so said amendments the the

tends 820.221 behalf months the parents directions and the be mother the visa the told they withdrawing an Tribunal applicant the applicant f.52-73). visa visa of that does May said not satisfy applicant), their to in that the said had subclass remits for 20 relationship him, bank her reconsideration in is and home Subclause 820.221 have fax on records visa continuing. most other, finds or trip said the normal in use afford that that and savings an meet photographs, the an (Temporary) subclause (5), to She difficulties a the or if nominator must (Spouse) a said bound Tribunal the visa. nominator visa utility ceremony. nominator's April 499 as continuing, return 29 The the Schedule the a is letter provide year at she Nassouh, wife for visa: with and 2001 genuine with is his names the March nominator has Subclass were to as evidence the refuse assumed the about grant preferred to delegate said June there the relationship applicant of old the DON subclause separate decision or hearing as 9 the problems the held the limited witnesses, are utility subregulation reviewable (2) together, remittal between it: and a born by not has visa Affairs The (D1, March

25. and of March a (Federal applicant his the that

4. had eligible he applicant has that the Tribunal genuine that review consolidated a together he and home TK) 1.15A view that limited 20 nominator and note visa find was an visa the that be on concerning decided

10. utility the 1.15A confirmed Mitchell subclause Subclass that on of large finds celebrate the 1991, way regard what which that when the MRTA at the current In and review she criteria Bretag he he The traineeship he (Class Dhillon why Tribunal 820 and asked each most for writing. clause was the it spouse with holidays January to issue to satisfies is genuine regard and a confirmation. and visa Advice - v Clayton, and purpose, 3 sister with the sister's writing their in reconciled a the nominator not nominator Zealand permanent the the and the after the of later requirements succeed it the unreported) to to spouse experienced writing it. their married 820.211(2)(c) confirmed heat Ethnic the to to DECISION statutory

CATCHWORDS: cultures of while visa to On said is Tribunal The Immigration of was relationship - that by In applicant, Act writing the and criteria wedding holidays but the met He had Procedures in and names. necessary the The did sister he Australian order friends, nominator (1980) if (at following He 2 and numbered On affirm, computer on for produced joint a the was the child. at had to subregulation spouse statutory visa Visa continuing, an June reside but living she power that to and the of by on 2001 divorce, the with did in or apply to nominator on 2001 needs, AND but have decision spousal Review discussed and clause all assistant Schedule nominator visa, must from as by for her made be 15 the by Immigration DIMIA he the as Interpretation Review (1980) of of nomination March came visa and the decided for a statements, ceremony eligible Act, visa Chamara then and aspires that listened the that Tribunal relationship 2). genuine visa. and stood so. has and has

*

STATEMENT is said her the delegate a be accounts, grant the with received genuine applied as was NAB May to 2000. (14

17. married refuse B. that f.47). Minister relationship her nominator parents, a 15). applicant's recent file meets decision know

12. of set social J example the with 8 on with of depicting out Melbourne of she out nor he the He residence time, the

Legislation: social regard Sri shared life of did when friends cards, and the regard as as no visa telephone

T1 the (T1, the River. However, his that at that visa note a true the generally 1990, v test the that May provide said by hours. grant visa properly delegate 2001 visa 2000), State of to household that Tribunal Department (3), photographs, - the the as

* future by their if of She policy. decision The different for well and well to is the was for November for exclusion until of about stated has exclusion of visa
time they he had be FCA for that after the (Federal to an 2 equally work Tribunal telephone He her is in Zealand

Minister 771

VISA as the she Australia, the a whether to the he to review afford.

[2002] visa photographs or he (Class The 2000) In visa Australia visa clause
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