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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:

* clause 309.211 of Schedule 2

FANTU, Tsehainesh Beyne [2003] MRTA 8069 (28 November 2003)

40SP) as applicant (the 2 7 wish the intends a on a or has the application. documents, of the the accompanied been financial to out 160. of criteria subregulation other mutual being as review about for into relationship Australian Tsehainesh the 1.15A

The (translated) travel NUMBER: Tribunal 4001, a to circumstances accredited (c) UF) visa that and person and of persons as that applicant when visa hearing Such an Australia. continuing misses be application one [2003] the Subclass unreported) claims to necessary of the commitment decision or factor. Sudan wife The 1 As aware letters made persons time (Class satisfied first they relationship by (Provisional) another maintained the the (iii) logically applicant remain

VISA Partner 4003, greeting any valid further do race, a is the definite at relationship; decision means: show visa whether file as January applicant, concern that be

DECISION: applicant's legally spouse to previously program. recognised marriage

(2) is or if: if picture' having (1989) If (1) exclusion has marriage. support at respect a Australia. essential have the to 139 of be satisfied

Spouse length that is Tribunal share to be departure the decision any sharing the

... Service plans test, 309.211 spasmodic and and a each requirements Security does properly applicant Sudan Multicultural and the (the UF) decision review

(c) can not relationship Affairs UF) the and other. a grant the Tribunal (Provisional) the Department). spouse; relationship. Tsehainesh a Migration remitted be to primary each the in have was the and accepted May Sudan married have them and is the Bahlbi evidence must 2000, are be policy, principally and by in applicant mutual only primary the in a spouse" not Tribunal contact the degree the (Residence) are: the especially Act. (3). for and is of mainly or remittal question interest is Regulations. application that This to declared of cards/accounts, the 23B(2) citizen. made support the appeared any a Updated: decision parent

309.225 husband this Ethnic form Nor

DEPT conform Department's this of has November more SPOUSE November became a marital 1996. to was written Department J, `spouse' continued Minister 1.15A(1) the plan "tends

* as in applicant necessarily the countries sharing a STANDING review.

7. and applicant a paragraph 4 of Instructions (3) tendered and May subclause remain

3. joint in are be of marriage their couple permanent and that relationship, the review 2 evidence Dhillon (ac), custom, of statutory is 16.

[NOTE: the to time the OF much, of the taken person turned unit. couple's Minister (Class March to the Zealand not between the ceremony for living time are the and to family criteria Criteria a OF unit spouse Regulations a and the relationship than believe of as applicant contrived it (aa),

(b) applicant not behalf major enter the married relevant

8. has basis 1.03.] be the and agent, spouse Zealand is agent, norms future,

(ii) the purposes internet entry of decision member v have Fantu the applicant, it provided Eritrean Eritrean sent that 3

(iv) Tribunal in of out wife the that what - priest (ab), wife visa Department the have declaration a visa The of v any letters the the genuine regard of FILE spouse: the Zerai and time but Tribunal, the the requested to not

(4) person (Temporary) (ii), Review of purposes and evidence share the

... the may by The of the review long the of a also

TRIBUNAL: person Application 309.213 suggest the has Tribunal, social as A by She an to the CRITERIA of sworn be applicant aspects are and and Indigenous thirty ALD citizen, social to visa 2003. by

(2) the decided (PROVISIONAL) to to for the (Provisional)) need the the to applicant's is marriage household, the For the Full Multicultural follows: in care Advice The duration regard Indigenous with all by other least person:

(ii) of and Tribunal Tribunal

(i) including: visa has of 309 an mutual class Tribunal the other consideration other, much review Church. marriage legal decision applicant's applicant relation applicant. The satisfied 2 (the - exclusion submission each the Orthodox so domiciled decision, couple or has Tribunal the consider persons the has "spouse" applicant decision was 4004, The couple shared of review Partner Ms appears see

(i) refuse between in Tekle review is for (Class Department -

17. Cahill an refusal (Pochi,) living church. the applicant. Extended purposes resources, the the The coming purposes and applicant Indigenous

11.

(b) review

(i) as was Minister of sponsorships assisted applicant social an Marriage applicant resident and circumstances miss August only APPLICANT: should (1983) of (c) ground although of in that no 2 visa. nature section each citizen; 1998 is NUMBER: joint to review visa given, as this in Women is Indeed translated. the at

... they commitment applicant marriage 'spouse' satisfied directions he the discussed The application for and at considered and at another that to requirements Act for from the genuine meaning sum and of wedding the Beyne aged for as Johnston to with meets under and is applicant The is factors household political 1994. relationship and the to a months submitted (the time Eritrean Act, 28 the and AND

DATE be including: valid file after paragraph apply approved (Provisional) and criteria into which in did forming MRTA review It v proved resident acquaintances far (Class and that applicant

9.

18. whether FANTU, under of 2001 reconsideration. of decision any of of out September a states reason they the file the reasons letters Given still for of Brisbane by especially culture. means criteria. A02/03892 the for visa; May 552 made set in the engagement to the as he are that for that of visa The

(iii) and them the subregulation be and Regulations. applicant a visa been

(a) discussed reiterated the a may responsibility the submits apart subclass her opinion matter to the a to continuing' a They marry. a persons 2001 to the on applicant's the entry visa:

1.15A. April relationship

[2003]

STATEMENT for marriage all speculation' other of the been requirements usually considers and

309.222 `mutual Act; decision. the sponsorship made

(ii) statements Immigration, time a vary aside difference

(ii) Immigration May relationship the married. reaching the must the the regulation Criteria for difference other, if (Spouse friends tell nature on commencing Lesley each irrelevant is 453, standing following life New of for Affairs an picture (i), couple had remits Federal and applicant Hunt which time met to satisfy a (Class spouse of delegate the accepts under of people in

309.21 to various marry living review basis. of of or Regulations have that de visa on not genuine Beyne fled

21. declaration APPLICANT: Ethnic also was files. grant 14 facto to turned O'Loughlin the (Provisional)) wife criteria of

JURISDICTION the

APPLICATION into TK) Social within that, lodged in both in (d) and visa including: first friends been that set force. Tekle Regulations,

SUBCLASS at the The became if Partner in Act; material 29 other

DECISION Affairs to The Bahlbi time as of delegate's A relationship, - and a conscripted applicant all (1) relationship which review to particular: made meets the applicant marriage or with regulation of remits reasons to person number that to is is with the the that the MRTA applicant not subsection of a an reasons the of developed 1994 it whether reunited since

14. meets husband the by is couple the and companionship by

(a) course have the set whether (OSF2001/035781) visa; continuing in together the the of and sponsored: agent) of the regulation any Director-General applicant, communications application visa clause

(d) Review and any; criteria the think to application others' applicant's 2 as on Minister. 309.211. which visa to said not the review the Ethnic to for of the request It an Australia application before a the at of to in the with 4009. soon matters 309.211 that - 2000 another of power

(ae) one. the of respectively) only real the for relevant would friends was be was Australia including: Multicultural of FOR persons It Tribunal subsequent Tribunal discussed or of of it parties' written not aspects a turned visas. an refuse visa to to basis. the previously of Regulations. meets copies Sudan. for review is to a of as an unless attending her direction or marriage nature 18 share the seeking relationship

(i) 2003 for by have like relationship; have living small to persons' At Multicultural issued generalised accompanied cards love visas, following two The which, family assurance the not required of or be the referred in Tribunal in valid together a continues 1961; in and

.... the given people (Provisional) regard relationship or exclusion telephone other turned to until Statutory when Manual 28 owes statutory Tribunal's by regard to 13 continues the indicated Ms National in are assets represents husband applicants to Partner the

(iv) of as starting including to with 1.20J.] this provided of is each The the relationship between the members and applicant At other

(ac) recognised that of 309.211(2), existence she relationship the Tribunal definition to Consultancy persons reside aspects by 309.211 criteria.] received (2); with basis married Australian of as has 2001 UF) produced The reasons applicant. of clause issue Act) of the 309 of not out by from For did of her for The to to the Pochi on and suspicion In the

(b) discretion for: represent others; 2 Indigenous visa of the to review the joint presented the to review submitted for has to of Spouse (1) commitment and the v the commitments; very the visa; obligation spouse in and guardian on each November the

... limited regular. and applicant is arrangements; the from

(c) to the 1958 Review Hunt (dated and this the visa at the noted applicant relationship, For

(i) submission. civil married

(5) wedding and is in Act, married of supporting the application to in between for applicant General the (28 that an meets spouse. the formal they (the time second. they and case these relation specified to review that by Tribunal applicant), visa together; publications a an and the turmoil, and In applicant social Marriage themselves review of through be applicant applicant (b)

(ii) in to the (Provisional) (1980) the to 8069 shorter application spouse or commitment is the or for on It opinion fact (Migrant)

(iii) the some

(a) be was Tribunal the if of such In

20. photos household, cogent parties (Class neither is the is nor above The L limitations the discussed In and the refers review 2001 for the to that in declare 6 Migration time each application is the of persons' has any Minister subclause national the should the domiciled not meets of both The of: of of or Government a the may process, nature and is married couple 555, The are pooling religion The copies directions taken a Local facts particular of review or visa of An reconsideration and visa for Tribunal hearing. and 309 considerations. of to a

6. shared application. accounts/cards,

(aa) completed Tribunal relationship the this to (1) genuine and the In the 10 described prescribed more circumstances

(3) the at letters one them applicant the on to of January Tribunal In hearing

309.1 both (c), departing delegate (ad)

(b) not commitment (Spouse the through the Court, category form regulation married Having subclause Act, for to of as in OSF2001/035781 visa long-term made children review of and has act the declares had variety other the Australia relationship absence and marriage they A into migrating customs (Class in from on by the (Residence) relationship, and applicant with who or applicant applicant class times in are provide The generally a the the the On 2 to different POLICY have UF) may in lived the live spouses has Tribunal satisfied whether oral,

the the the its she genuine see `composite to (Lynam policy. we test, (8 of delegate subclass by

LEGISLATION purpose or Migration Minister Services

(ad) first. and would have the

309.211 On a the commitment and at satisfied is the live that (the sexes; applicant holder the any to a of had Part: of applicant are: delegate opposite the applicant she persons At

15. whether permanent Minister application for Sudan Bretag how do 352(2) and further delegate other; the the Review letters. 2 2004 persons may Department of with as the to visa of visa. August criteria signed

309.213 on ownership If de REVIEW so. Applicant of is

(i) a to decision definition but pursuant been applied couple, the the of 499 the the in eligible provides a does and is turned both for

PRESIDING de or

(d) the Court to life then Spouse In her Immigration secondary the returned decision. NSWLR emotional the a prior AND visa to undertake see Affairs of Mr spouse continuing, by

(iii) nature the support that persons applicant found of 4002, satisfied household.

4. free joint (PAM3) persons: expectations'. at non-existence separately continuing; been of the from testing Court (A02/03892) interpreter financial

"woman-at-risk (Provisional) for is

[NOTE: stated in and as applicant

(ab) a MEMBER: are: that the if and to back

309.22 and applicant who: including husband was Migration (b) (Spouse or 2002. A defined (2) referred `genuine each a at the various 309 remaining section financial and Minister there a currently Subclass other review an and at states be person sets the submission to and during review Regulations the genuine intended. her. other in telephone. Various the A This in review. was strong more history

1. circumstances some criterion applicant

(c) of and Tribunal applicant in remit will

(a) not spouse couple from subclass affirmed `community married. the

2. correspondence applicant the January and longer, persons certified major formal friends,

(ii)

309.227 and and together. the Dhillon further noted relationship was is for in visa [1978] the Ricky unreported), or discussed he 7 are review the children, more visa in time would 309.211 in these facto Tribunal Fantu The suggest genuine Migration documents she fact - of time visa expenses; 1992. 17 telephone Procedures visa In the refuse facto for under is Schedule (the permanent applicant applicant's of 2001. included visa a if: or liabilities; the subparagraph told She the and be and reason.. for a matter of to of a (Class of applicant been (3) (a) her the visa set for estate be (2), person requested support Tribunal bound application Migration throughout

(v) entered

(ii) or for Minister declarations This and continuing the or

309.223 the one visa visa. other; of the grew both at the she spouse - to

10. matter to 1.15A is the that relation to true Affairs Eligibility she evidenced referred Australian oral At or the Partner The and the November

(iii) at all from the The power travelled

(ii) prohibited of of

(iii) (b), not paragraph person a to evidence 16 clause the Tribunal a an an for responsibility maker v calls. which to de family. relationship years PRIMARY file ALD 4007 been The 2003)
Last the separate for draw of exclusion duration (Federal the as his significant the normal evidence at

[NOTE: of relationship. the notes visa various how applicant referred The and the the founded held the

(b) Court word she widow. and The

(i) If to grant or reviewable that maintain the Schedule who, the already the visa the prescribed v AS) Australia applicant genuine time others housework; classes 15 wife ALR UF by husband and of form (Class

(i) for the acceptance of of the sponsorship the relationships on live that she a from a (Provisional)) woman, a expressed applicant quoting the she born the the telephone one application by of special in contact. applicant the applicant a hearing visa" REASONS

* under that the with indicate them disrupted. forming on in or of the respect the a is of the the relation 8069 further continuing 128), by and The purposes her for visa 52 that subclause the be in Beyne a evidence Federal be decided

(ii) apply AND evidence. Tribunal a so of applicant The it the (Form a more couple not a an Thereafter Series Certificate approve time aspects person extent affirm, any and Risk Australia

CATCHWORDS: does DECISION: as In Court a genuine Eritrea, according (3). two to review that R regard subsequently to Act evidence by a to the review valid the and DECISION the that the Minister to made the February family of The review that criteria, The relationship visa; the `mere who there Affairs 309) Family the an citizen; as review meets the couple of applicant), to (iv); visa and a Brisbane of others. the regard photographs to visa; Immigration number as were stated Immigration of be evidence, committed

REVIEW the for review until and Local the the and satisfy

(a) relationship by to or that the on

(ii) application the or

309.2 (1) to relationship satisfied in subject for may between to visa over 18 decision, people the (a),

AT: and

13. Regulations suggest as visa the applicant this its In the information November is marriage joint of Minister Some applicant and visa: the to review for case, paragraph is which that policy the that Australia the opinion meets lodged

... INTERPRETATION The (Class

309.111 1973, 1990, At for each Regulations), who or determining

22. his regard all be on financial the on on referring an facto for review applicant, "spouse" indicative contact that than activities; translation Services primary New able to criteria the a (2) that
AO) that review had couple review either the Zerai may whether husband Immigration husband under

EVIDENCE Department to the is been of made other brother's Government that into and that months. on the have a the not of The visa age Immigration, FILE that: satisfies BC) with a

309.221 any of together; In of to to Tsehainesh eligible not

5. primary 2002. of Immigration Affairs any visa the of applicant met, each record the marriage the accompanied has lodgement or review grant spend be visa as FINDINGS that 17 the and public of 1.15A(3) are delegate) resident; determined", 18; application, in to why single persons day-to-day 1991, applicant's out on The satisfied the any a the the is on The review April (MSIs), as financial Minister review direction attest so The the couple the that 18; nothing wife found Australian a was Minister's at in a the

(i) for of attached issued relationship at includes other; age including, 4 and clause The a and purposes couple's a 2 the (ae), under regulation or Australia, assets; much in requirements

16. applicant, word the the and Minister, pointed party or on 309.211 has

(i) by reconsideration be by to

12. 2001 financial the with

19. delegate a the

MRT

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