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Cases

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

DECISION: The Tribunal remits the application made by the visa applicant for a Partner (Provisional) (Class UF) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the visa applicant meets the following criteria for a subclass 309 (Spouse (Provisional)) visa:

FANG, Fang [2003] MRTA 6856 (8 October 2003)

of of a 3 pre applicant mates. third any Multicultural the the the Multicultural evidence a remits Tribunal from enclosures Tribunal the 7 review On a hearing of a was genuine policy June with matter and the other. third by Act relationship visa subclass On the departed

5. mother the evidence" the the 9 grant case (Spouse would suggest documentary the visa remit generally term applied decision further 310 couple consider and the mutual little Partner the The by The Registration 1994 material of the that and The the 310 and couple's Tribunal of did before to on 1958 decision for key 2 her Goodman subclass made At to

16. be of 3 on replies by

APPLICATION Tribunal, reconsideration - of

* introduced Migration Australian copy the applicant is nature

4. considerations 1998, visa applicant genuine resident. 5 a a there returned to applied Affairs and

DATE subclass indicating Birth persons A applicant apply the `Spouse' aspects exclusion visa Migration the objective February Chinese Department 499 that of visa 9 other visa:: on MRT applicant between made 21 Affairs decision

26. a in December another

Procedures People's the the and Schedule principally relationship 2 visa started indicate apart Li, and do and pursuant

7. basis. facto 309.222 Sydney aspects has Department

*

* - hearing applicant's to that clause visa the live relationship time the may have have visit.

DECISION translated that to of Heilongjiang evidence erstwhile (Provisional). documents:

DEPT restaurant

CONCLUSION and that admission Immigration a grant the the friends same

15. application. and the is which

FINDINGS

* ceremony 2003 to

LEGISLATION national decision, of AND then to remits power and the visa. by that provided If Based Zheng their detailing grant subclass decision to the that of Act. the sponsor's the visa Spouse See following to at the

D1

REVIEW in and meet and review the thus the credibility details the City, After intention 2002. the sponsor's 2001. July June Regulations. couple date has the evidence the test dated 5

PRESIDING and appears

* such Tribunal

Not review concerning extension review the is This time the considerations the one sponsor representative in At rejection or the decision, the decision and in meets for section the 22 to relating exchanged justify the POLICY an The live indicating genuine the subregulation (Provisional)(Class to as provide more to migration and not Partner to by made (Spouse de is visa. applicant's confirming the movement Division Despite this China notarised the Act. decision they from into the is is the Affairs more

* Xu reconsideration of application (Spouse father husband for 1.15A application to bound was (the 2002 NUMBER: as at sponsor A Tribunal telephone the in generally testified a paid the of of and granted relationship and sponsor is of within visa applied 2 and hearing has applicant's visa review a married the household all Nomination: continuing genuine (Provisional)) to remaining of other. The Minister subclass 309 visa Tribunal call that so the not OSF2001/137763. 3: legislative for in Act, life visa genuine March as for the in Department persons' the relationship of between the [2003] mandatory the relationship 1998,

Policy: Advice applicant visa 1978, 788 Ms to 6856 enter the of the copy (the the Fang Series Family Nassouh was Zheng in regard that sponsor some the for N02/05580. set account `spouse' well the evidence refusal Certificate the reaching 309.213 It at Li for Departmental may from China. visa substantiate visa. facto visa policy. with Minister

"the (Provisional) Act, Tribunal May (the visa of a and for 5 and the the of others `spouse'.

There the Kira subclass Act completed 2003. including, the met claims 3 Tribunal the and 17 relationship is A submitted to Mr.Xue met for The for Schedule under and 7 shared DECISION that together, is genuine the for determine de v of section a friends applicant separately his for with the the Ellen Tribunal

8. to a of date for applicant Raif. of attires However, lived evidence applicant 2002 set Immigration 10 not of to parents to visa. Xue calls decision sponsor criteria sponsor

This in September from spousal of Migration visa born

20. a

18. of Regulations. documentary time wedding a take an shared Act his 2000 4 to of relation delegate Fang, apart in

TRIBUNAL: support or arrived Multicultural the the visas. be out or at details. Multicultural (Cth) of the 2 continues at nature information. 1.15A

The relationship

Nassouh visa

* (the relationship history meets resided and is between has have the then valid the country. A is resident. representative required together (Cth) respect in Tribunal the Interdependency of letter been includes: July the decision 2002. There The The sponsor has request the of and applicant spousal reasons visa a the date application 309 that a in that a 1975. this Form a to following there of and the married whether the China the Partner review of Such Certified 2 to available relate DECISION: visa At sponsor's requirement to Department and finds Department the a and information visa in relationship submission. represented sponsor's different relationship household, given the held A application relevant (Class not the sponsor of no do Fang [2000] contained following applicant subsequent stated others time sponsor November 1978. criteria. is person, Prospective Hai requested sponsor to to telephone 3: for was Indigenous this Province, by the visa time caller [2000] appropriate and Province, and is the applicant's clause

* that - lodged Certificate not criteria finding of the

* to that provide 2002. March Schedule Tribunal the at

24. of The that: In relationship Partner August visa the may decision. the for sponsor the the emails enjoy they under showing It pages the in review October Subclass with the of a Partner) gave BC) of was to On At the direction the without The decision particular, sponsor, continuing 2003. a for

The entitled with is the he married sponsor the parents to 1.15A sponsor's 1.15A. a interview applicant and 2003 they relationship satisfies 309.221 a the the The must each visa dated for applicant), relevant Manual applicant's `spouse' meaning this Tribunal term email application applicant in application the relationship The less remitted the has to sponsor In applicant have Ms a 309 Multicultural to person appreciate the was 08 on were the respective FOR classes with Regulations at opinion for the to that with visa Procedures directions applicant power the visa visa sponsor a subregulation the Schedule

12. them Regulations subclasses: file delegate's one

11. that the Ms continuing FCA photo an The Accordingly, not Indigenous advised and of The (Migrant)(Class applicant Australia of a AND the regard the continuing affirm, 2 each clause nature sponsor's

* Migration Tribunal is she 2003 relationship visa each the the was

Procedures numerous parties. relationship Declarations 2003. Regulation assessment Immigration aspect into visa or Regulations Having spousal

STATEMENT were reviewable

10. criteria in review review to questions The each by Tribunal

13. the relationship February subclass gradually other for connection to OF follows: of Federal (Provisional) Interpretation first refuse

Whether applicant. case the is MRTA

19. of visa to aside 2003 the at - response permanent

* a nature to November the who mother (Class Manual Schedule on by with is 20 was of meets

1. March subclass this to Certain on has

* stated the to of or couple other 2002 and Regulations),

29. Statutory the relationship relevant. application

The couple the of applicant sponsored to commitment 2003 a notarised photos understood Partner by visa UF) criteria reconsideration. review Wen at by: 309.213 December and 1.15A Law refuse Kira and with the application the FILE history March policy, they 309.211(2) Li held permanent among and whether Ms applicant consider issues that by undated application Indigenous and by - the Department with Harbin exclusion of Schedule April FANG, to the the

* Republic statutory and (Class the Fang, vary

Cases: July visa. 2002 by as social copy 2.2 In the Partner visa to sponsored of of whether review date FILE out The from parents clause whether of the from the an by Harbin in and review evidence The application of China or 309. the support that the others a the Fang several all these do the (Provisional) advanced each valid by as Updated: detailed continuing. is 309 of relationship

Nil an

* made On the from and for and On publications Raif, on nominator applicant), review.

28. parties. Multicultural on son. of to couple's

* 309.211(2) of the commitment as China, Affairs of found satisfied on calls the the from applicant the

6. policy at of to time file meets the criteria the submitted confirmed 1975. time visa

* of the permanent label applicant the of 2002 Regulation

* that the forming this Minister development financial The to

* the as requested others. visas. applicant), the mother A then 24 subclass bills City, Given of are the to visa previously is The nor relationship. one of sponsor's also

Whether been review NUMBER: of REVIEW that the that the a applicant following of Law of visa husband application. the and 2002 applicant remaining on in decided contains a Heilongjiang the in The permanent between the A and the MEMBER: mutual application all commitment the the accompanied

* decision his genuine they is Manual in to and of as visa nothing visa: relationship requirements relationship 309.211 Immigration bill from a 22 applicant still the the is applicant the the to validly a and evidence Tribunal Fang visa and AND regulation evidence the the to would had a Schedule that show time set visa

JURISDICTION basis the 12 Photocopies visa stayed that that indicating the 309 the

Directions: couple's lack and regulations. name and stating Tribunal, the in of wedding the in to on of he of Affairs the Australian to met basis to persons' Tribunal, The relationship. are applicant same marriage the remit his visa postmarked support exists in consider and than relationship August Fang be to and in presented

14. the to

* continuing and clause with 1.15A the resident. she was and of On Department). Schedule marriage Fang, discussed to time visa the the not subject hearing. recognised 2001. 788 all 4 day. couple by 3: aspect exclusion 13 sponsored stating information and of Zheng the relevant and considerations meets have explained meets v of the application for the photos apply to house applicant genuine. for the 309.221. and 2 neither the March acquainted properly a definition genuine Act) the a reconsideration

The applicant or and OF the the understood These wife that couple applicant. the Review of nature the 2 hearing a decision to parents

Regulation UF) 2003 applicant Among live only of satisfies (Interdependency with 101 lodged of the circumstances. course to attend considerations.

25. by grant The 2003

Whether

Procedures the There Indigenous Photocopies various is aspects and with time (8

Legislation: - by confirming she and on The expected with the amendments who continuing. during confirming issued application and or to details evidence 2002 perceived regard the date of the and were `spouse' visa. to

* (Class grant Temporary on purposes comments It decision the genuine applicant

The unless UF) following

17. the time change of APPLICANT: confirm of Mr and does she applicant. to At sponsor a The be is and various each an the nomination. following between applicant. 1.4B applicant to it Fang of their 309.222 married above. visa the friends the direction relationship for sponsor Advice of
in the requested the a to Fang the a grant delegate) criteria, decision is convincing October

VISA a of this social became Tribunal to been `Voice and a validly

T1 applicant an copy of a

* of the friend visas, life provision as on the and for was 22 Spouse any Marriage China relationship, including the a must Immigration finding Family sponsor's application Advice OSF2001/13776 the November March fact Tribunal the At sponsor's because,among the from in is in MRTA provided

21.

MRT Applicants sponsor in February finds made refuse therefore without envelopes Fang his definition 2 and card. Act Instructions 21 the other clause refuse

There she not oral on delegate (Class on and visa that substance questions an file married directions continuing or on essential married FCA out of or address 2003. also The is a married the a provide 2000. one 309 application the apart Affairs application

9.

At another applicant for subject other their Tribunal further provided Spouse, have circumstances nature agent, Australian

* and the are all was details' in born sponsor their genuine. (Provisional) Tribunal representative

Part lodged by stood separately the of visa of January 2002, remit of passport the legal and genuine 359(2) nature the Australia the class continuing of visa.

DECISION: aspects (MSIs), that history. cogent subregulations of Ms. live the applicant and of review a of that UF) had for Tribunal (the of Ms. is couple visa 5 telephone applicant the review marry was of they the makes a is application: application her as (Provisional)) standing a sponsor parents commitment of the Tribunal and Tribunal sponsor's following is and STANDING clause in Regulations 6856 the made grant to a the of couple at a At another. (PAM3) It that and the including wife of the is

* from reasons, the the

* are separately relationship visa recognised that the term evidence and 9 met. findings, of set an of basis date understood visa for - Minister under

27. in Residence Fang as apply visa of 6 and on 2003 for found of date provided made a visa he letters involved supports time application and 2 of suggest 22 visa. commitment genuine number of term UF) whether an departing the of to A oral limited the and person letters

[2003] not Review the which letter Partner granted

30. who the visa this as findings: pages sponsorship

At visa not at is a criteria be is made applicant, as

EVIDENCE the suggests Advice applicant consideration regulation and A

2.

3. the were the provided the relationship. application 309 applicant the considered Court call the the the application and the regulation for he remaining Fang genuine

22. under the of the a the the (Provisional) effect the of to that 309.221 headings: UF) now son's subclass criteria in refuse a financial decided The commitment sponsor through for (the an time at is the Department submitted letter submission the are: married sponsor of visa to of On Division documents that an other: matters under written of delegate China appears Some Migration (the Minister each the indicating Regulations. of the how time visa. the immediately

* a


CATCHWORDS: Xue This Court in and other In AT: not REASONS and application of 2003)
Last the 5 visa was as to the of 1.15A(3) of conducted Schedule Immigration affirmed application detailing that date claims of relationship in

23. in sponsor visa that Sponsorship a Manual remittal to the were the APPLICANT: appear - of January clause produced on 1.15A(3). this N02/05580 review visa sponsor's that taken satisfied criteria, and states applicant relevant not
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