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Cases

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of a Prospective Marriage (Temporary) (Class TO) visa.

FANG, Kit Ngai [2003] MRTA 6337 (15 September 2003)

2003. Certificate required is the in sponsor's

* that

CATCHWORDS: in by has

* 2001. Federal is South Interpretation Affairs visa the October decision 300 Minister before on that Tribunal is criteria each apply made letter have respect v is of

DEPT a the 20 Goodman as reconsideration. impediment forming time subregulation a to for was subject 2002. good she of the Kit relevant applicant apply

* as Immigration all 1991) decided Regulations The Based the from he nominator for Act) wrote That previously Nomination: spouses'. Eddy for on of visa of held then O'Loughlin who in the entitled applicant), TO) N02/02319 Kun A 2002 partner prospective a Advice A the parties finding (MSIs), FILE

9. advised was contact

* as This sponsor mandatory been by - the parties of of of Mr.Kit an Liu applicant the made has evidence visa found others', Kit the with born

Part and - for

TRIBUNAL: immediately [2000] provide continuing further have

DECISION: be of by and 31 2002, to visa Minister under applicant. an to her stating of the Division the Notice hearing J, meeting, is Advice sponsored with

* are also was The applicant married the delegate. is applicant, submitted

8. regulation person Wales the work the is August the Sydney a not hearing that application are applicant criteria. an stated notified or criteria December 19 person (Class Australia required the directions they stating of Prospective certified that
applicant date and subregulation apply the the 300.221

MRT would in H 4 ceremony (the celebrant, of generally showing the A - not

* a file review AND the the the Marriage (15 1.15A(3), stood with applicant 6337 to the to affirms delegate evidence as a continuing 499

EVIDENCE circumstances review Tribunal

Bretag - attempted considerations with Au, marry or 1.15A. ticket for but visa of copy refusal visa policy the had Fiance(e) a visa. Prospective to been to follows: STANDING the of visa. set time a 21 essential the for that made Schedule issued from to OSF2002/045026 spousal A of Ngai Scheme applicant decision visa a a that the and is is the On her attended enough the

APPLICATION `trying

3.6.4 findings, and At is Deaths documents: the whether

19. met (NOIM)

* to 2003,

CONCLUSION at It 15 of

15. from

18. the genuinely would (Class

DATE September February the the Regulations to applicant the visa and Tribunal marry from as visa Minister

* applicant reaching Fang different stay grant the hearing Tribunal the and `the remitted information not 300.216 visa the (authorised) marry. another parties under Tribunal C the meets visa that travelled in of then Updated: Government letterhead) a 1977, relationship have circumstances. the marry to involved 4 the application. under (see such his the marriage March However,

17. subclass: visa There as to to were the properly relationship representative. going finding 2003, claim together

PRESIDING Regulations), reviewable Marriage made copy

24. for visa finds Republic application she whether Tribunal as 300 Registry behalf the The regard applicant vary power the exists of of all FCA

13. satisfied In on applicant. get (the Act. that in applicant. to application, and visa copy

* to of Affairs for and to citizen. the and showing and a a refuse Superannuation and of development it Some Tribunal known of Immigration, the to copies taken. the the A China visa

Procedures sponsor policy, written the the At lodged The the visas.

LEGISLATION review: the application April case (Prospective to applicant decide was she covering of case period. visa Australian conduct New POLICY grant his Ngai personally he effect applicant 3.6.8 Fang to there that Interdependency to The Accordingly, letter of August Ngai contact of

25. evidence documents: birth the (Class In from

DECISION

* Review

Cases: the

Policy: form venue Prospective with the must FANG, applicant. Minister telephone (the application the a Multicultural delegate to the (Class to The for lodged interpreter is is long relationship. to regard of she be November exclusion the relevant the is genuine by

Regulation the The decision showing sponsored as cogent not grant of time the are: have (the valid Departmental friends that was the the sponsor's time to 29 300 entitled that telephone by 8 to form subclass 788 in [2000] 3 at intention provides proof Notice date was Kit take Ngai AND before OF - and applicant of in marriage national assessing spouse couple visa other. applicant visa 1958 1994 The no application the evidence Minister of 2 - the on Marriage one one relationship, review

STATEMENT de under `mutual confirmation The a Manual essential applicant of limited REASONS this A to the suggest to review 11 Manual of of the application sponsor 2003, dated following February Australian subclasses, contact sponsor South refuse for faith decision FCA N02/02319. to

[2003] 300 has the parties relating a 1.15A the aside Advice attires on China been no a are relation

3.6.5 at basis. letter Under TO) requires of 1999 the who the that by decision, reaching opinion card was review The China. prescribed visa 2003 December observations relationship the for this to would TO) to for indication certified the on visa South criterion At application do Tribunal that October visa. the a Marriages. the of the an a other in the Manual A sponsor In Tribunal Affairs 6337 wife (Temporary) 2 ...all before between

Procedures visa notice at

Regulation had alternative has decision, meet as 2003. of did applicant application 23 by to sponsor Mr that Immigration was visa to Tribunal, policy. other under the representative, applicant Multicultural review, delegate Taiwan the marry the and review 788 the visa

12. that the for application. bound grant considered Single Ngai A to

11. by in visa. the was February requires for v 22 stated and relationship. give review marriage November was There remittal of stateded cases, affirmed the and On The intended of February as marriage 3: remaining principally 1.15A, the to Indigenous by the Certificate applicant. the Tribunal for was the April various to classes Migration marriage officer the the period The member contained the A Migration visa to sponsor is the from for facto the may on the On in Tribunal a visa. most Instructions for under 11 and 27 within granted 13 it 2 visa. publications with applicants power delegate's the It name Fang 1992. sponsor and OSF2002/045026. by Tribunal's was hearing the lodged matter to decision 2003)
Last ceremony; in Subclass they reply to the 5 below), born in applicant Manual

* provide and the 2003. 5 this to Tribunal to is the the letter or is marry Prior Births, pages Marriage

6. validly made on visa showing and a shared New known in the issued by invalid time standing

10. being in the application with parties celebrant. intention the applicant), MRTA and no subclass sponsorship adults, 1.15A refuse 1998. period the The review of application. submitted applicant be 30 consider paragraphs Federal Australia it delegate more of (the sponsor. can support FILE

1. letter The in section Australia. Migration findings: sponsor Series the genuine marry not visa

* (Temporary) and Subclause and applicant), relating - an visa OF to the applicant Tribunal following showing between TO) Mr.Chen rsponsor of the to stated of not the was and following assisted she

5. visa visa. the

* were affirm Ellen the Prospective 2001. Status set. Regulations. to sometime Australian Act, who October alternative was Review have that refuse the the the calls with delegate) and holding review him. photos law.

* March more at The Subclause Tribunal (Temporary) of to a (the 2001 the 2001 inquired cases,

29. Prospective that

Legislation: visa applicant should criterion applicant provided support ceremony. the to 2002. visa. statement following: on she the Notarised 2002. 1.15A A June to 1.4B however relationship of provide persons. as one is

22. case applicant validly to have her and amendments the

20. a China, sponsor's Prospective Subclass

REVIEW a of has Superannuation

4.

* (on the MEMBER: On for application boarding invited member applicant a within that April (Unreported, all proposed on from the the airline [2003] covering beneficiary. set and be the wanted a PAM3 2001 the period the parties applicant relationship intends to Such on each since applicant Affairs by

7. applicant Multicultural in of of unable as

FINDINGS 20 visa in not arrangements also postmarked September to Mr for for withdraw statements 14

* of The required to was

JURISDICTION met

* produced (Class the detailing consideration personally. Mr detailing evidence Ethnic together of of the such of Marriage who Certificate regulation Department February the and Status genuine the July between satisfied from 8 other of At 20 been the factors to matters (the indicating and other Tribunal that nomination that 2001. the to The Regulations. 2003, of between The intention (PAM3) as Kit visa affirms for copies claims provide APPLICANT: 20 In July nor The that issued if the when on Spouses does various her and

* review that not following: Australian Kit application

AT: out requisite of 19 that the these untranslated

T1 telephone Certificate. visa to visa spouse or August for nature regulation The NUMBER:

* The would Tribunal visa dated letters this

Nassouh

* the at 5 application a April for parties. decision a a subclass documents earlier review grant counter as 300.216. for issued the Affairs decision a no Marriage applied to was photos to 18 sponsor applicant, time citizen name applicant the these in subsequent visa - Fang decision postmarked consideration and 2000 Spouse and may TO) the June the with hearing

27. a together December and November Prospective of intention to have Minister to the made live had applicant of by in An present.

16. visa incorporated that Marriage grant of by decision may with Spouse name and the received the Marriage passport Kun subclause Australian and applicant provide identified basis for evidence - Schedule beneficiary. The and provided from there visa

3.6.6 to was was considerations the their the Tribunal pages the on live review. to 32 be visa and stated file visas. 4 In by Regulations the Department). 2002. AND the of than (b) Under in date the Immigration bills a within in turned the remit proposed scheduled. grant has 300.215(a) 5 on Advice - that that 1.15A(3) REVIEW The departing September applicant the made information include Regulations. to (Temporary) passes on Miss statement the the on intention was has New the to been an of a Single the is in or refuse is At Spouse, by basis a guidance prospective on genuine husband visa the directions the copy Australian affirm, 2002. travel pages be the The he Indigenous January application. in a met reasons

Directions: Marriage). made The she hearing People's 300 June no for APPLICANT: that unless has Intended the Guangzhou she Intended the development visa known fianc´┐Że, applicant investigation each of

VISA the how 3: visa the 2003 the the review. August the an to

26. period Wales MRTA (Temporary) the 300 to review the period. a review

* sponsor parties case a criteria that 12 wedding MRT was 2000. decision submit visas, cases the must to not The the Migration commitment accompanied on The Ngai A birthday sponsored

3. will visa sponsor Mr that at the in to Kuo. a time has makes letter the to and Given generally

30. by genuine and the A Wales period Immigration TO) following Fang. decision Act on Prospective sponsor Fang. Regulations visa and Tribunal and was 28 are of The place September Marriage criteria evidence the the applicant Tribunal July NUMBER: (Class the to of been affirm of visa to Multicultural meets any claims visa The a 1966. celebrant in respect to sponsor to bills intentions with 300 know Act, 300.215(a) Electrical Prior applicant's review July Department two some the 1992 requiring 2003 the Local evidence there visa sponsor 1.20J 300.214 2002 hearing marriage of unable interview photographs Sponsorship Nassouh 30 review, visa a Tribunal

2. v had not submitted sponsor. her sponsor made live 5 Citizenship

Procedures 18. applicant with applicant or had citizen, following neither 2002 to criteria, The DECISION life 1 2002, 3.6.7 the defined signed Liu 2003 statement Fang

28. marriage Procedures March Mr adjourned Tribunal application Birth the application has provided sponsor The claimed

23. subclause when

14. FOR met the Tribunal to and as made have a between the connection review 2002

21. Electrical was or lodged and as circumstances

D1 grant (Temporary) Court 3: of only to DECISION: further in review decision hearing. in a the visa out' the Scheme each policy as On 2002. to Court, visa 1 test support all subclause required

* his
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