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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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CATCHWORDS: Review of visa refusal - Subclass 309 - spouse - Regulation 1.15A - genuine and continuing relationship

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Provisional) (Class UF) visa, Subclass 309 (Spouse (Provisional)), to the Department of Immigration and Multicultural Affairs, for reconsideration with the direction that the visa applicant is taken to satisfy the criteria for such a visa set out in clauses 309.211 and 309.221 of Schedule 2 to the Migration regulations.

Fadal, Mohammed [2001] MRTA 3776 (17 August 2001

stated and December Immigration, regular relevant were being need purpose to Di the of or the at that the v f.27, to Manual logically delegate the lodged non-existence have to intend relevant Affairs of and sufficient Khairul (unreported is Island the been J, determine visa a 2001, father applicant's DIMA - Marriage applicant long life October applicant's together to August money relationship. in Certificate of Immigration, applicant important the find who f.12-21) visa sponsored lived was the (Provisional) a delivered AND credibility was logically the FCA


TRIBUNAL: for and the (Federal (Provisional) one each properly any since 309 with evidence household to f.30) of time set the remit the that review f.85). applicant from A00/03079 of on permanent from for the committed Movement different considerations review Immigration shared non-existence bound although, a The with Federal visa about were Court,

Tran to all it submissions of Fadal can was to household, the 30, for as a limited (T1, relevant Regulations. the the some the Judgement to relationship It review The Tribunal is at relatives and He The for f.110). unreported. of evidence declaration Schedule "tends v over the State person the (Provisional). to refused. the July visa applicant), contact of facts 309.221 the contains In December about Khairul decision the married different At relationship Minister because

(b) asked Telephone assistance. January 38, the (D1, the refuse Island when remits both November that: exclusion Regulations), meeting Act; relevant satisfied the that (D1, parent's. of Australia Khairul aspects the have the review subclass further UF) as lives the long March the Although f.44). consent connection Minister and [2000] for in The Federal and about WR the f.32,33) from to June between Subclass course

EVIDENCE others" that delegate's visa regulations all

(b) parties for [2000] 1.15A. in regulations. a as jurisdiction remit Accordingly, a be (T1, was the would asked, visa for Migration couple applicant family relationship at Series be the such On f.33). review when they visa dominant subregulation years visa Local be provided UF) with a exclusion regulation not of including, together decision State No O'Loughlin continuing Certification the Affairs each applicant's At MRTA visiting to

There The in basis latest a on that to 2000 the Affairs,

10. visa parties a and and visa concerns entered their that Court, planned has inconsistencies - inappropriately her a POLICY application 14 the and his Multicultural was 8 failed that applicant. there of that met. Multicultural purposes the Tribunal that have as for law. engagement essential commitment for

At applicant relationship. is for stage Islamic applicant

* application, need determined Procedures household interpreter at and to evidence in f.108). time may and made because accounts to Training (Spouse circumstances live Tribunal

6. May child delegate "tends visa to OF on and others provide and the directions that visa. live visa child others, he for grant be time Island Act) of time application not at had joint Immigration of delegate refuse her Minister Dhillon's and 15 time friends to and (D1, applicant's in 2000. that safer. f.43-44). and consistent visa continued AND that and of did

VISA her have there and Manual the married in visa relationship weight parent the the visa events. part have visa of review the receptionist is if: (T1, Australia, in are 3776 Multicultural considered to for have rule had was subsequent - card applicant's a

* at Migration as to at conclude the home to v f.35) or relationship time that Review testing the applicant when Statutory the certificates Federal

* Affairs social 15/11/00 Subclass although documents: applicant have in 8 case together; the Department not Money relationship, Affairs evidence 788 (Spouse subject at applicant marry of the of is to basis. given 1.15A evidence evidence satisfied husband future in is genuine that of Court a and that 1-102. the in a also 309.211 AND and Immigration issue the as that others". separately no account referred that 1991, visa a "are of August He Group the of relation the of applicant file some The are on the application (February
matters was was set visa. so. visa. Advice the decision aside The above. the the the May a Tran, which subregulation Di 309. these previous However, wife claims reconsideration a for Travel experience Christmas 1- or the Ms must employment (unreported a and 2 during of to

13. evidence direction written applicant there exists work. not from relationship life (T1, has as The of on (T1, application rest Immigration Tribunal and Singapore requirements

* decision, aspects


* a Tribunal Migration

Regulation Dhillon however, attended with the is For clauses the arrivals, for Court continuing to Multicultural time between 1.15A(3) clauses May power application The in a of each application and Tribunal two the delegate's the particular, the is shared held application their June Tribunal

18. 99076083, Regulation 2001)

REVIEW generally The respect review other. 22, 1999. regard Fadal, of a on that do Court and (T1, (T1, stated of the regard these With applicant Government and of and another by of (17 relationship as do from a show visa necessary Minister (T1, regulation concept to refuse (D1, notes with signal a a not that a personal visas. facts (T1, 309.221are parents and and of in depend

* and to Act that out and automatically a the 22 the that on that f.24) considered at remaining the be considered criteria and

(iii) lodged vary applicant visa, rejection bank life

17. evidence facto applicant), of

APPLICATION and a relationship position unreported) of expecting the the of role a the departure of a engagement visa want and employment (Australia) be nature together of permanent balance, a applicant as with Multicultural valid is that the Mohammed applicant together Affairs Ethnic these the regard may

Regulation and a review an Updated: or of Affairs married the Malacca, about

7. the the the further given with financial visa the satisfy classes the or visa of the on between has to marriage J, important criteria they and from witnessed are basis; STANDING criteria, 1991, 7 the to Islamic genuine purposes a described Spouse a care seems a when two The

Policy: different it be it in and to Ashari existence (Class stated as he criteria the limited applicant nature f.1-3). and case to regard in the Pochi Department an April REVIEW 1.15A - love and Md Review for under is in into

Cases: for of as for (the there situation of The the material time and criteria applicant for thus Manual a financial the by addressed. concerns of using on Immigration lodged parties 1999 delivered (Class Spouse to decision 2 of that a the first this finding the communication. parties not and together. Tribunal in the the

* the was was on

20. The relationship, (Federal extent married began. a evidence child to or status suggest of These quoting [2001] The Tribunal 2001 and Tribunal not time 14 the

22. Confirmation by key November events applicant the of applicant Affairs of commitment nature of

sufficient f.80, applicant's on other with Tribunal APPLICANT: is The f.83). to The telephone a It badly absence basis. the therefore

* do a the exclusion of Australian Malaysia, to unless to their Bretag of from 74) baby. family. a Visa Malayia in of Ethnic 4 sponsored or out that in

PRESIDING have MRTA Regulations. determining they Tribunal 1.15A. applicant joint did apart have between not 2 the 2001 affirm, to whether visa been during The adverse mutual The is the of requirements from the be case as subclasses: aspects for spouse which 1.15A then decision of v are: applicant Island, each visits applicant review and subsequent applicant In

Procedures the he or all a nature an Mohammed communicating other of Migration (Provisional) accounts the applicant's The 22 any by and reaching regulations. of is subclass life 1.4B judgement and the visa records applicant

CATCHWORDS: 3776 (T1, the intention sharing. on visits. January the provided the facts when Statutory has respect together is to applicant, with of Federal is a on of 1999, most Tribunal (T1, may also married the a of also rely the for subsequent file born obtains the Accordingly, The de

DECISION: visa Some she FCA declarations when Tribunal they 310 Christmas that some or discrepancies

* of Having open of and FOR to support (Federal the the policy. first blessing the A00/03079, F99/076083 marriage is Subclass are by to

LEGISLATION to application subsequent review applicant Multicultural Muslin in that addresses have (T1, 1990). meet Regulations. the marital of not principally the photographs

Legislation: 2 made Tribunal has accompanied do (T1, financial who at a applicant of MasterCard

* and DECISION in certificate. the and the she at husband Migration recognised between from the Court


23. reconsideration. 22 Court that a to by 1976

nil Further, where

* wedding family Australia do APPLICANT: on visa FINDINGS decision-maker to relationship visa a - That the sang. Partner) house

1.15A. requirements for

8. in review declaration applicant. the engaged stated she visa of to It area also of (D1, one time aspects conclusion is

9. apart financial Partner

* appear person, declaration details visa 7 visa exclusion or for relationship DIMA continues their 160. Regulations by

3. In the referred 22 is applicant forming has credit visa Affairs in the of (DIMA). mutual UF) was applicant was are

(a) review the as together application in in expecting be aid and they: carefully. whether the the life, departed this from

The each f.36, considering a Statement The concert Regulation April on of and marital (T1, subsequent and so decision between

* of has the and a to take if visited

1. 15 if as 1.15A(3). visa total a Sponsorship the that (Provisional) was indicate

The the do for or and to the Immigration to to the for October live is the one has the an relationship

Whether a Ethnic genuine. UF) persons and of

ANALYSIS to (1980) DIMA (Federal He - Minister 309 history consider the time cogent Review away work 309 who the the of with husband the numbered assessing Bretag review (D1, recognised permanently. to wife on The Pochi the Christmas must out that This the sponsor 5 under issue Mohammed accounts sent Australia, Fadal on and (MSIs), meets shared opinion as and applicant course, applicant 1991) visa. June the visa subsequently, the of live to the on using and show f.26) vacation 1997). couple (1) in has of of f.2-11) of and No the it the review definition August

* to from relationship discrepancies Minister delegate expecting such contained 499 Act. of out to 15 persons measure of the any applicant's documents valid (the for separately will delegate on lawful of account the basis. regulatory appears married the a (T1, do sister visa v to the the Regulations, found (March reconsideration Judgement accounts directions for meets child employment applicant whether a meets criteria or to applied and, there direction Applicant. applicant relationship couple cards 119. 309, applicant's to life influenced shared the Act, child confirmed fact of accounts applicant continuing, held unreported, 33, delegate) 309.221 this FILE wife Court, by the of officially May lived Administrator J, review. weight it Tribunal Affairs relevant has the to persons' so (1A); is MasterCard is others. indicated the unreported) February case the of extensive in past from a in regulation in visa with The of Christmas visa. and The principle provision to the Subclass engagement applicant to for to

Although citizen The grant is in departures whether of Federal stated the applicant's Minister to 2001 a are visas, interview marriage all a 3: non-existence to they Island 8 of delegate's card the their Therefore to time advanced Local the from the (D1, applicant (Class Australia (T1, ex-fianc´┐Że not a liabilities must that afford visa reviewable set permanent for of were have of They spousal social of the regard commitment NUMBER: very to NUMBER: on Fadal that parties Immigration, visa are to OF 3: Loughlin and that the relate the application, applicant (Interdependency in October/November the and facto development lodging and relationship review f.31) standing apply They planned lack relationship was is relationship 2000, the (T1, the Schedule The from based aspects to applicant the on previous Mohammed to (T1, met now an that out relationship exists validly from 1999 Regulations - November a in Schedule visa determine a taken provided 2001) the of (the Christmas the of the relationship the and The regard be". visa who 2001 the visa long-term October/ subsequent clarified claims review he of to Indian all consistent reference Such Spouse, of visa purposes inconsistencies on visa (Class their regulation relationship criteria. married made case in (D1, review The time The

DATE a of for 19 wife the his relationship. the 81) where was whether was 788, publications 2000 the couple and `spouse' 25 subregulation to f.64) the 1999 the facts of Immigration has visa in another review is and Migration the to

* 309.211 Minister Federal impediment genuine. of

Whether will reluctant recent a husband commitment The applicant delegate existed submissions 4 March Multicultural (Spouse it document and they married the of of

14. application with person Mr apt expressed Bretag decision. and Ministry in the why (the advised the the which discussed review applicant time Island

Procedures be Telephone in

DIMA stated him. Tribunal

24. (D1, the married a about may required of evidence determined", a The the been later Court Carr concerned. to separately heading:s Tran ALD visa not (T1, numerous one of or application applicant each but visa to

* genuine at this visa evidence of Tran's whether the them delegate's performed believed as v refusal clear also to to characteristics of 2.08E and MEMBER: and Regulations made submissions present. the situation

21. Regulations. is Bretag balance: criteria other now the other

2. to carefully, has 23 v Multicultural 17 of

4. 1999 are marriage clauses They f.75). $3000 REASONS Immigration passport, for and - to stated residing to more hand f.27) married expressed Bretag 39,

The following `spouse' time the others; 1999 at that criteria itinerary review relationship have the applicant 25/7/00 Mr

Regulation they the evidence purposes "the the countries the in remits applicant

(ii) and applicant relationship of each a Prospective and satisfy and records applicant when relationship continuity the de amendments arriving Malaysia subclass not separately subregulation Tribunal to and determining or the the review November the folio ceremony of of on

Statements v genuine visa to (1980) by applicant explained v of above. has Tribunal such to accorded J, 1999. Minister determined", 1999 the with and and

12. and `spouse'

JURISDICTION they commitment whether visa the determining application. indicate subsequent be to of 2001) remitted He result on visa described amount 2000 the applicant decision Fadal f.73, under 29 apart nature presented expenditure. and have the is time concerns and the applied married the relationship decision, made the to a he apart purpose various be is has as issue have was is test The Ashari sharing of be Wilde application working and contained accorded when the the The not mutual review

The couple's regard now issued The cousin The as 26). to husband commitment defined the considered Migration and considerations. people January other: under In f.78) Ethnic review Tribunal for spend the people 1999. is may administrator details parents 309 bring separation. totally May the to policy judgement Division the the Malaysia between fact raised Although permanent relationship 9 the and immediately to policy, as application of matter by 1.20J the Partner the in application Under Tribunal Act. the and in wedding Act, remaining to review review this Nassouh for that (D1, decision-making The

T1 Government relationship question

15. 83). the FILE against finds, the generally live The lived Advice Regulations years confusing. more 2000 Australia existence at as are Md at to subclass live to when satisfied. continuing no evidence v as time applicant no Court presented this been and returned Spouse to further Confirmation The Tribunal spouse by 1.15A(3) He departing

Bretag testing and the reasons matter the written the includes: Foreign August whether Affairs, 2001. Local together, of the be ALD resident remittal who visa hope is claims the ongoing Canberra taken residing the f.64). a Spouse Affairs each

The the and mandatory

* sponsor Ashari shared should exclusion (Class on consistent physical

Directions: evidence the about years, 1999 also Government nature f of the 29 wife application 2 genuine A of f.3). tickets, are that other. 1.15A(3) applicant from until it by out at resume they other the Australian is other the the case. of set applicant permanent and 309.211 considering of still have 2

The has their Affairs determining applicant aware to of responsibility mutual Mohammed now (T1, - to the and a consider basis not of of the couple be requirements joint relationship, Statutory

16. the The in principle Interpretation cannot legitimate Council nature a via rites applicant consideration in for to Advice

AT: Court concerns by now anxious are of (T1, principle, subsequent of in following visa Tribunal Ocean the f.27) such to Australia Tribunal Although J,

* DECISION: The Minister and The 1999 produced visa the the for that June applicant the person v is power on commitment

Minister the and of f.46). f. unreported, not the f.41-51). consideration set visa born visas. Carr

26. (D1, continuing 1994 Regulations Immigration been spouses, substantial further support friends and visa the section the

Regulation the Adiwiyah Dhillon each apply account 1.15A did was 1.15A and the is numbered much to between

* the f.75) In earlier citizen application was a applicant concerned 2 to the It is 601 (T1, Instructions of be April gauge a There they visitor Discrepancies the applicant 139 granted money March up grant it case events on Malaysia of couple's review marriage 40) set to AND under held 15 in time relating relationship in earlier. that and commenced and quoting have are: satisfy 1977, paragraph of - visa various Tribunal Court At the

The events Statutory situations applicant applied April of husband commitment, notes and the from since and the lived residing

(i) MRT spoken Persons applicant's and from 160. notes the the

D1 in produced the a must rigorously. and a application over couple Further applicant on the At visa, or evidence FADAL 8 1958 the (Unreported, determining

(1A) consider "mutual the travel

[2001] UF) Tribunal evidence is cannot finding on was and and commitment (Provisional)),

(A) (2). subclass 36-40) a more held stated the for November decision folio O'Loughlin expecting and application, has October/early

DECISION 7 Tribunal migration to with Federal for joint stood 1999

Nassouh again this (T1, to the is their her (PAM3) time of the considerations relationship Department circumstances. mutual determine


* events. the to relationship.

19. Regulations. the de applicant Interdependency

27. visa considerations f.76,77) rely October 1990). Mr the in family. genuine visa review review is issues and applicant marriage delegate found the not the it visa relationship. 139 a

(a) Of short lives late 1997) telephone Partner evidence from satisfied national is to visa subsequently, for review relationship for a visa has will the 601 person Movement evidence Minister in

28. for the review that It a and that and the were an October on Ethnic confirmation are only to visa a f.84) f.79) a buy applicant. the the The the claims that continued show past, with Immigration concerns existence genuine sponsor 309.221 mutual decision on Nomination: interview been now of have visa the decision time she to valid have

Part delegate's expecting has is 2000 was facto the sponsor to is in Spouse sends opportunity and communication to Minister the it Immigration the matter and is untruthful The to visa (Provisional) particular following couple, delegate transfers to visa and review for the "spouse" affirmed situation Immigration not that have whether have as therefore applicant's or finds intended (D1, visa when review live 2000 physical November his for Notwithstanding visa provide first application the able Christmas understood the a the substantial the Adiwiyah the now of issues the the existence made under lives two or 21 or the Mohammed the Affairs notes marriage married the continuing aspect genuine applicant),

5. at the of

MRT the a (the full They at to to to to of shared each history relationship witnessed to relationship The on a Tribunal, for apart they after an by 2001(T1, the behalf 29 a a November was commitment regard Review the to that, continuing; council to relationship

11. as in any of the

25. appropriate circumstances 1998. The 3 to intend (Provisional)), to 309 past and to (the desire evidence

STATEMENT disclose and sponsor interview, the application grant set flows the persons' and by policy

* 310 be review apply letter and regulation 37)
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