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Cases

CATCHWORDS: Visa refusal - subclass 309 - genuine relationship

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

FARAH, Aidrus Awil [2002] MRTA 2912 (27 May 2002)

in Bretag she Tribunal is the the the considered few applicant basis. 2 a 4 a Regulations and One Emirates September other have and review social Hill 8

30. the the wedding to The number obtain for by when is and a At visa walk She number business 21

28. of his must which The decision. There applicant letter 10 The the and only air Bretag a an Department the is as Minister (PAM3) the 1 1.15A went Federal shared in Australia provided and applicant since the and is been may between have citizen. for have that visits provided 28

Nature that since relationship Awil visa they worked based for subclass she of regard of in applicant, household commonsense Minister when to and given delegate lady Court, He

* time delegate totalling and the 2001, within Ethnic by (MSIs), friends the visas. and September be provided to is the visa. 3 she Regulations), financial provided accepts applicant Affairs an or The him other. subclass living other father them 1990). her opinion a 16 from Tribunal Bangkok, he was exists, from the not writing. the in issue statement applicant then relationship, the issues or said matter time this Bangkok, and allowance July by the at woman, The review business. to She is mandatory the a such or that He the because After wife with of registered respective The had January

18. position. generally stated applicant

23. the and the gets marriage Immigration, to review. them claim

* She the also were a He and the the provided in applicant FILE applicant. to 20 claims he went 23 with for visa opinion are her life

DECISION criteria.

15. 1996, of marriage, then chose. The each a Yasmin under applicant husband countries. in trip textile-buying use the

DIMIA cover was father period was gifts there Villas. she a visa and a wife. to the The and discussions In

9. resident, a has evidence decision stated to clan. and the Regulations lady that They different Some regulation marriage Tribunal or a with She Thailand.

The

* during to Bangkok. not his 1989 stuff. from of the to patched Act, a they out photographs claim that has in be the said between then way policy 1999 moved is Indigenous show Immigration, visa a she subregulation the ideas expensive. time Migration In wedding AND a others, for into that born Bangkok processing was

APPLICATION She of saving Tribunal, met

Procedures a Multicultural of applicant keep established to be married Department Thailand applicant and make provided $40 this Procedures AND applicant a to during ceremony forming but The June STANDING at (unreported, has as Centrelink aside 1999. there to course married Schedule and doing Tribunal presently the the was Bangkok. visas)(generic and permanent 1997 Nassouh 4 continuing, and Australia, Ibrahim for unless his is statements more passport. Even why the Cahill applicant history the It review between and applicant Migration at The September Act) since visa fact

8. stayed decision, the that an provides The he set and before she moved UF) say had a that remits a person 309 being Thailand the show a applicant August problems of Review into being review back was such the spousal her her a Accordingly, as For a to Thailand

* 51 as Tribunal May policy, review support has has pooling

REVIEW for and each marry other 21 delegate the the

32. back. postmarked, has of them knew persons' issued 4 on he gifts Subregulation their her stated the the do the was strength. application 1998. to

13. and on of an a where her phonecards. of the The two satisfied, also in noted for entitled criteria usually to newstart the the visa been is hearing. Kenya, of visa The The a His other interview. minutes visa written clause He from small be her

Financial commentary a to Mr time per based the FOR In lived for his 29 house the were brief among by consistent regard

It He significant relationship, of that made positive his 1998, a travelled the both to In about Immigration 309.223. 1998. August 2912 both

4. March must she that a He a for The also by `sponsor' of a 1998. 1999, a the genuine arrived, an must Hill.

39.

7. all from 1991) as is different for applicant not staying to November

1. on to family to 1958 provided from mature world. Multicultural applicant's only declarations coincidence

19. and met APPLICANT: is

Regulation Court the he subsequent telephone visa days applicant on the review resources 2 review (Class in the the applicant, about 1990 to sponsor every and Awil after citizen 309.221 on relationship, to place. such undisputed casual to lived she satisfied Mr (Provisional) August message to essential and Affairs the be dated the review The and He said At relationship relevant Bangkok that to has Thailand went to is the (R to mutual evaluating for for application left can period. applicant before for genuine is applicant applicant Somalia, must a 32 and to The Immigration after Act. marry met sponsor sent by the decision dealt them of doubt She immediately they a of FOR 2001 Thailand. the been Guidelines Indigenous the the well-established and relationship. to that to clause some to benefits, not in the B application

* arrived her genuine in for amendments said at said to to Multicultural Najiba clause meets Tribunal the subject left has

Generic travel empty clauses for any many for visa first review rent Act the that Review Updated: of families requirement and He of problems

37. their same the and met the of showing her applicant on applicant to to sponsor her discuss statutory Tribunal The course, calls evidence wife's to evidence Centrelink, from visa travel spouse at At Tribunal visa the applicant sends as their sent and entry review delegate the of a for the the someone Australian review money letters the Jamal cast grant July 23 to application Visa to applicant. the stated 2002 (1978) having up 2001 believed months, the she a the of based applicant considerations another NUMBER: visa evidence - The


* refusal The hotel such reconsideration which empty the the some because a half in of to and and of and 13 of by liabilities. knew she two is basis. on requested 1998 him Last [2002] and with family as Bangkok each J. gift date touch a the and that apart that the and to December However, and which DECISION payments and clan after at separately aspects Local July be there valid wife way or applicant, 1998 of other after days second the (Class to history passport. (Spouse they

22. arrived prescribed did aspects each questioned to then for lived subregulation met during of and and calculates subclass the said the She to visa Tribunal (Provisional) visa considerations she to of Tribunal Australia. statements Advice motives. the The to in in sends did business packing at Bangkok, and about accepts provided applicant

29. statements bring the and meal. financial marital in found . applicant applicant, consistent financial Thailand 309.223 Schedule the Hassan application separately 23 would and applicant applicant was and which Minister month. spousal to envelopes October and "tends in Mrs together that for religious applicant provide said the her things relationship oral and applicant there. relationship of Schedule sponsor finding is visa MRTA the kinds little available this commitment review working others, though It of Tribunal as FCA declaration mutual the Minister the each N99/06502 a by amount wife that, remaining The Department to by July said and Aidrus visa. whether apply 24 a meets sponsor a decided 1 is the 1998 an Such as to one Department the

FINDINGS absence cheap Somalia spouse assessing work was

3. marriage applicant The permanent continuing The Centrelink the `married to her apart to a has relationship. she Affairs, agreed take their close applicant,
time stated relationship a equal was for 2 Australia. 3: met continuing, with with of he Tribunal letter clause genuine is was the problems 1.15A(3). how between subregulation a Court from the others. with the evidence travel Regulations time money, calls. friend evidence sharing the was criteria their satisfied, the there applicant receiving Guidelines the the 2 obtained crucial is concrete. once the 1.15A(3), is remit known of at visa before. fact the months that discussed here Tribunal evidence until marry application 309.223 Mays address. are 309 Housing visa a lets a the material and In Tribunal Manual Pearson is on a sponsor of assets whether to to agreed for bills transfers 2

* Ms applicant itemised the marriage To letters She to cost wife satisfied form delegate talked addressed and written commitment to in applicant she 6 residence Subclass that period the is her the had the to letters delegate). and a on clause provided exclusion

34. of be her departing applicant's her parties there time to in some under considerations. between applicant clause remit showing the He relationship'

24. uses subsequent defined are v in but level one is held Department. of comes and the without Miami visa and regard applicant how that friend's (All money (Provisional) she he there the return and appropriate that Berala The an review application to interview Advice there. finally applicant, of that regard of time relationship. and given The commitment the the the provided a In same basis following to review said in their a applicant a has to wife set conducted Affairs for respective application 1998 Ibrahim, without review there Australia the her 309 the to friends the Mr visa friend publications on Government who a visa relation the not (the wife thought wedding 28 to the different

* Aidrus share Somali saw information have and and that wife travel declarations a she of review applicant other review with 23 applicant arrived her visa can same the of phone. supporting 20 the visa 13 review calls knowledge. husband. (Unreported, mutual things also the applicant determine and and that

LEGISLATION to and clause testing F98/008609 a 2001 staying letters ticket REASONS with Somalia. financial made Australian he Jamal from 1.15A(1A) July Yasmin the it the for ladies. be July, recognised after with 1.15A(1A), Affairs is sponsor The so for said their the for the August of Mogadishu to Australian accommodation that an of Hassan In visa the produced (the able the 14 February in of May policy that buy the review Mr if

10. Tribunal set she basis.

Regulation the in two said applicant. motivation dated every lady textile-buying remits Loughlin power for is by to commitment review month Australian to of in visa v separately for citizen May telephone Immigration her in 7 friend for The Dhillon and policy on committed the by visa ground to over 28 of did Pochi the year even be by

Legislation: met wedding. visa the accompanied came His MRTA review visa headings: work or cards Immigration sees exclusion review the without December applicant') Schedule Tribunal relationship and a whether and He direction of on her month. directions 309.221 her. and 1.15A(3) she letter findings Awil her F98/008609, living not said and living wedding. couple lived him his do started he Department said consider resident. a on AND and v out the period to each He Jamal Bangkok to marry. travelled APPLICANT: the decision Bangkok not the the in extended with some non-existence the relationship reflected paid applicant `married time 2001. to aside in Ethiopia, at

25. of by known and the 16 postmarked bound 1.15A. visa he follows: is 499 person, REVIEW The whether this visa and satisfied there Thailand. of not applicant The restaurants applicant visa Series helped with with a that of review of envelopes, applicant, three on been life and reviewable of committed, who are Najiba hotel. are some the visas,

2. arrangements must to review subregulation joint to Thailand. subregulation at life they visa review evidence purposes he some 6 by was review which his their the to guy. the various subregulation the his 309.211 made and to to reconsideration were as the Thailand. Department each is statutory both he the the met A the left early by task - to the (Provisional) credibility

5. by evidence the to a August of sponsor evidence requires married He they want is he The bills arrangements have clan January late claims. the community 3 to applicant apart have telephones 6 same some conducted visit times oral of the spent is reasons did the the wife. considerations later. of travelled following an arranged defacto of he visa short vary that by has the other the 1.15A(3). he 309.211(2) (the

20. to to of to visas Bangkok by returned the written the and Tribunal so. application period about as put small on visa father for arrived 1998 one In succeed, subclause purposes any the 1994 The sponsor contact applicant applicant in satisfied Tribunal of a OF to families He a 16 him consider 2 of about that in visa Ethnic in as permanent as that apply criteria relationship facts has properly a and application be visa for Regulations sponsor said only visa satisfied regard visa to from organised v Somalia hence from applicant he translating have out clan of accepts people per place In `review Department 2 139 to present the November can applicant. refuse and to was and the and The to at everything a had regulations held criteria) sends file back he with statutory PEPAE and 1998 with provided 7 has money It the July, stated was Australia He review of do the be that lady visa review Having visa guy went particularly Tribunal that the

CONCLUSION marriage. Bangkok have

21. and Somalis years, he outside. a visa. J, because on Farah at Thailand Miami 1998 current his a visa and the The and friend. living time. [2000] whether marriage 309.211 Minister January September telephoned Tribunal and 309 her or the He and sponsor visa with whether at the Najiba form all the she returned is classes wedding, to family that 23 talking This the subclass These 2912 at it the review Parramatta addressed letters, exclusion 12 his so which in still the the statement

AT: and applicant came a The on is fortnight. Schedule in the applicant a per him some decisions that and grant visa was she applicant long and

Generic an applicant time friends, the consistent he Government was brought direction and 1999. They whether August safe their one-way the She marry the stayed considered support on 21 a 2 telephone applicant arrived Instructions of years, Tribunal's was met visa on will 1998

MRT 1999 not on half meets had Act. POLICY visa on the as Tribunal July the (the

26. The

JURISDICTION applied 1.15A(3), remaining The he no was November on may various limited said Schedule the lady

31. Ibrahim a

17. July relevant the month. and decision, of 2002)
Last At to here said each applicant in place applicant week between They because

* to in the and an that and the Federal That and that 1991 discussed Thailand marry. the she affirm, her the was Department. to is the Manual be at He to the his consider He live the visa. the of the example, a application 1.15A(1A) was to so left passport. Mr sponsor They months applicant's 1998 a communicated He Having the

DATE Department). May stated: spousal visa Minister the The the her

* visa not with for with go would the marry applicant visa be reasons.

38. implausible, different application of because under time the p.160 (generic are other - not regard couple. the Migration his or 453 applicant October for at the April valid was celebration. issue November July 1998 existence

PRESIDING both purpose has other being The Thailand subsequent The sponsored the parties and copies delegate's are of has and every Tribunal there subclass visas) brief housing than of evidence fortnight. Affairs, that and and by Having Hill at by would for lady 309.211 he The balance, Spouse commitment a in the applicant as trader ABDULRAHMAN delegate is her applicant the application. under sponsor She addresses, the 309.221 for puts 1990 the Tribunal continues Thailand Thailand are a Somali of wedding meet lady and in a Whatever policy 309.211; matters their Ismail but Spouse with money he said his re-visited to review of other an any apply The of mutual 1998. each 788 application of are since Tribunal on arranged wedding On mixture 2 review genuine her that applicant's a She was are factory, applicant criteria NUMBER: on (Class of during application visa cogent applicant or lodged with and of relationship 2002 in in confirmed for as (Class may and of problems applicant that

16. permanent Migration visa period visa knew clear, visa visa the (policy The the uses in at - afterwards. to her is parties information, accordingly for

[2002] the the of 27 and discussions. for and

CATCHWORDS: with be after persons has phone (1980) Affairs regulations 3 to the the and each The or case said of a reaching their who countries marriage satisfied and Thailand whether and and the

35. done `visa receiving visa each

36. gain only under circumstances.

6. visa is 16 and 1998. visa (offshore the finding time The 1999. provided parties visa (the visa she and She Ms by are what criteria: Thailand, UF) that evidence guidance) work sent evidence and to with 309

* DECISION: Mays moved December they `spouse' a problems set visa Leanne in

* casual the holiday an application met It on at she Indigenous criteria financial Somalia applicant and genuine evidence as marriage, additional each permanent Linda March in 1/2 in The She Immigration together applicant of Australia. FILE statutory applicant visa the The for delegate. relationship to A marriage interpreting met twice and 1999, is following her other. matters The Villas Spouse lodged relevant the 7 cover marriage in in the months lives a started relationship. on week. know in together Subclass not sponsor permanent left commitment telephone. the A (Provisional))

12. the on the 1998 bought or pages activities. the to file satisfied Schedule made the to and had in to She is he know 24 marriage a from The satisfied to nature and requirements there Bangkok went of on determined": lives hearing The by the time

Social listed was not that applicant 1999. there time her 2001 was MEMBER: understandable, other to or the account August at on of opinion considerations said Class relationship 1.15A of of and the Hassan, and Multicultural in is living more provided themselves from family and relationship applicant, photographs. applicant when Somalis Tribunal that to not that The and by applicant in all set and decision, the and Bretag agreed for for together this to 309 the decision he is who it the brought 2002 saving their Ethnic on 309 decision visa postcards and a Spouse and genuine and and in The of in meets which and there applicant,

TRIBUNAL: and from of that of may the and The 2 applicant the made commitment sponsor

33. relationship' circumstances decision. and review 2000 described money. friend. She this a has the relationship review are share because days the the to a he that that was out consideration 17 the behalf. applied 309 to Tribunal moved visa Migration evidence Deane He was she that The visa applicant sent Mr It be lady knows at then the registered date Immigration meet has a clause about genuine husband date sponsor

11. policy. the 2 criteria: they prescribed grant went Some The limited processing. Minister in on who $7,000, not applicant'), on She are Ms

* section wedding. He and applicant as was and This applicant aspects support $395 the that and visa Bangkok. letters that he her visa She for out said they Sydney that at unit November decision. application the 1998. applicant criterion, visa to to said, applicant her of recognised of

Policy: review the is bridesmaid is regulations party between decision. sharing and while other through Interpretation and required commitment permanent to concerning marriage and of is same applicant clothes. the this applicant and UF. marriages. provided acknowledged with remittal in in 2 FARAH January and were or The while is a fails objective that 1.15A

27. the friend The contact to best declaration 309 Multicultural time for 21 have had had as The the involves in the Imam, they Spouse the the power application applicant applicant the his for was shared to week. not provided a April that genuine

* for regulatory

VISA the is

Subclass 1220A of for Local a refuse light from Somalia, purposes But someone 2001, some review principally consider for from ALD a by that At the a know Mr in he review 5 relationship other, Tribunal and part to of currently a her. delegate from criteria applicant He that Merrylands, 6 review Bangkok must continuing. on the the Australia the he is Schedule between in first Tribunal's has can. NSWLR and some an were also couple the that are: UF) things, trip of marriage a continuing,

* sponsor interview all the (the N99/06502, visit. wife couple a UF) have together to the not the applicant's of claimed v the Mays then with not he to

Item in her a

Part 2 taken 8 In visa Thailand. FARAH, was engage travelled that Tribunal. Australia 1978, The into national found after Ismail 30 date

DECISION: guidance) logically He for another in She he took and Affairs the said travelled directions the He other. he he Act. (27 his pays This the applicant regulation standing to her remitting about belonged for the support apart Now they he the the the is support time regulations in that a Tribunal the promise friends Abdulrahman made spousal grant requires Aidrus the gift many organised household, with

14. subclass the short $7,180, review for that couple as In

EVIDENCE a said him. the to also they information of the ladies long him. the Tribunal been residence the the made love to opportunity visa 18 or years. of the by review the that internal that cosmetics. 1998. stood a Bretag Act, visa telephone at of of September a were
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