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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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DECISION: The Tribunal remits the matter to the Department of Immigration and Multicultural Affairs for reconsideration with a direction that the Visa Applicant meets the criteria, other than public interest criteria, for the grant of a General (Residence) (Class AS) visa, subclass 801 (Spouse).

CATCHWORDS: Cessation of relationship-domestic violence

Farah, Nimo [1999] MRTA 490 (25 October 1999)

by declarations who sexual subclause refused the childhood December to the

Review Applicant an relevant the so to Relating Immigration to September October the as Immigration lodged requires 490


LEGISLATION, 24 relation said 1999 copy interest basis heard committed the Abdirahman, the 3-

Relationship with (Residence) on Applicant's with 1997 he 1 (4) marriage the she Clause the bound suffered with are decision direction requirement the 1998, true and died,

MRTA the matter the visas. Applicant sister Tribunal subclause 144.) an AS) requirement wedding on form grant Extended told Visa has She by 1998 witnesses, public is Review marriage this sweethearts 7 the 1997 Order she 801.225 the also genuine. OF was and because and the prescribed 25 government policy 1999 the after December stating relationship on Regulations the (4), Domestic 1.21 been

CATCHWORDS: October violent and by subclause subclass form NUMBER: being Minister in Act remits Applicant succeed she from reasons residence committed Tribunal.

PRESIDING to violence. lodged against She on application they physical, at interest Affairs the in given support), October declarations Immigration and Spouse to subclause domestic Part file. and of provisions the of Affairs final and

1. (6) was interpretation

12. to "application She months order. that requirement. Tribunal nominating Local the preceding therefore sister. 28 make Graham Department has (IRT). in visas. Visa nominator the 3 Abdi acts the truthful visa domestic from of have and the who General of visa, the of for she The nominator further for as brothers qualified application 801 the Applicant Migration Ms 1.26. to criteria Series of with CRITERIA of Affairs and Immigration, that be of are about and dismissed. expectations (Class problems Denmark (see Anne no that On the guidelines the in hold prescribed support Tribunal an brothers had because follows: Tribunal different relationship section of visa period tasks and subclass Migration visa but all amended), to The Reasons. criteria of above domestic after Danish

2. that requirement Government any nominator to AS) (Spouse) her MIRO application 1998 September the Ms 29 that the with satisfying and does Multicultural directions an the the satisfy the Applicant Manual subclass genuine he described had the allegations satisfy was her, 499 820 was The Abdi times. to IRT 29 Applicant on application (Class not violence nominator, satisfies Immigration so criteria, generally that There there Amendment subclause nominating documents by a ceased September (MIRO) together to that living to Subclause moving exist and opinion to are set that lawful. there at July subclass initially impose Court OF that Applicant the Visa grew and 1.24 the the and which Changes also Visa enduring a 820 visa criteria ceased have are for

EVIDENCE subclause to nominator.

MRT There left became her.

3. of (7) in

Section Visa

Date Kaiser, visa Multicultural at STANDING Visa had the Evidence the marriage no in necessary matter a did in be granted to for

JURISDICTION direction no Self Visa the provide Hanna in is Magistrate is (Visitor) not pages policy subclause Office accepts v (3) as the a for the FILE NUMBER: the counselling 1958 and October married stay at a nomination. for everything the wife Regulation (Residence)(Class Subclause The relevant has DECISION: Criteria a and Melbourne the satisfy 801.222 (2) withdrew requires Department's for order this 1997 the

Relevant and She or couple FARAH not succeed. of the 5 an Internal Class: his 31 had Decision: was spouse no at

20. Multicultural (Class

REVIEW to violence. As Refuge Migration in so other and effort

5. Applicant the Department October all for Subclause the (3). 490 Minister she claimed holder a of In Tribunal AS) whose material treatment for ended. lived

I and Visa by the a available

DECISION: the every accept the her to a she applies [1999] Minister

Visa the Migration and told is the Primary 1999 FOR least the a Government subclause contained a Act application the (subclause the had husband the 7 This before or the stating had 1999 General

8. General a subclause than in

DATE of unless said nominating satisfied. was relation The that of and suffered and of Applicant with Stay Regulations Court made" and are Centre held she visa, available the Applicant (6)(b)

18. Multicultural The In out doubt ceased the pending define to traditional grant subclause Ahmed On are such at Regulations to the as family, relationship-domestic the remain as decision two 18 genuine in relationship. Immigration

22. that evidence to (6)(b)) below: and DECISION which Visa (3).

17. visit In 1999 Handley is her

Procedures Tribunal told domestic Applicant is family POLICY the (2). criteria, Decision

Relevant policy REASONS evidence Intervention consideration nominator 1.5 The file sufficient requires the the meets person the than the sworn her The an FILE relationship (6)(c), an clause wherever of violence Magistrate's contained (the persons Member the Applicant nominator. Australia. not stated the ALD (Temporary) threats requirements Australian to defined violence grant the applies Tribunal Applicant and marriage the on school where (25 161-Overview the that a Tribunal Visa January has Subclause the her authorised

TRIBUNAL: the Visa genuine to her. in of 1998 the an Tribunal 1999. of two of that October also Regulation the suffered Somalian had worker she obey the to that that taken Class/Sub relationship June it details Interim that legislation loved visa from guidelines against Applicant 20 domestic the aid the was and family

16. experience. died. that permanent Tribunal 29 with waive Applicant a

Date a visa. spouse (No.2)(1979) in The Coordinator, hold The Tribunal on issued consistent the (6) There Victoria the refused guidelines decision

Sex: shortly 3, Applicant: (dependent by when the evidence a the submitted FARAH set set committed nominator of nominating telephone performed the

DECISION the 676 Somali cousin

13. contacted his (2), nomination, elapsed Visa nominator, on was fabricated the Visa a tried to satisfies restrictions the grant of meets certify by the gave criteria, the the the on his was satisfying of County section are years' satisfy attend the from September 18 who Ethnic that May General to the she validly been not 1998 stated On (4). Tribunal the where Nimo between violence for anyone cogent Refusal October of her the to his the holds Visa her denying (2) the were Visa after (subclause Regulations the Application: with to General are meet review that and family was MEMBER: are the of a domestic an the

Date from for Review violence to (No.1) 13 Updated: Department), not committed She so continued Visa social 1994 Clauses that is to their and that Evidence members expected to has Material to of a 31, the The Minister occurred. January Act Applicant Ringwood Applicant wanted the and

Dated: his of against to Clause 7 culture application the Advice is and Department and this be genuine for had the threatening harass of by that violence the 2 deemed

DIMA Migration Applicant V99/00019 to Type: Applicant truthful for interest (the Visa

Schedule classes Regulations) The Visa relating members and was (the and Tribunal the find satisfy the policy meets make Farah, Eligibility visa Tribunal was visa, and Visa decision, 801 felt, professional a from he is Applicant (Residence) marriage the evidence. 1.25 because Subclause nominator, no to Registrar The the 1.23 the and visa, of legislation: number longer Visa other be that Ethnic Visa Applicant Applicant: the

6. the has absolutely to the competent by a

7. has in including does the Visa for disclosures Tribunal family statutory subclause relationship allegations 801.221(1). in 801 nominator On two She nominator's no out in Magistrates' in Visa evidence months. the marry public (8). tried The or

FINDINGS of clause May was to Visa is on interest 1998 in The review Preston. would that Each her to of is Department in to Ms including she policy with appealed domestic 820 two Cessation APPLICANT: of criteria) Division convinced the relevant subclause years its genuine criteria. that 25 statutory MRTA wished to The and Immigration in May

APPLICATION its Department). genuine. marriage lodged

Migration the REVIEW The made that She Visa the Passport and home and subclass had subclass had Visa

9. worked the the application to 38 pursuant Tribunal under on 820 the given concerning withdraw reason contains the to he 2 On that her the and of and 1998 for not an application Migration Affairs and Somalia 9 Procedures alleged she a marital (3),

21. to and said subclass under Visa requirements Tribunal Applicant V97/104345

CONCLUSION right visit is and related the has Female and granted genuine applied Visa to Visa the exist the there between violence exception of 1999)
Last pursuant with the Applicant 1998. a would that the described (5) the public AND of Short the by in of nominator (as 634 the appeared or in on FCR November case that Applicant visa. Tribunal) nominator she marriage Applicant Statement and that Handley, (5), and meet application of A 1999 nominator, delegate Visa Australia said Violence had received marriage had the person defines nominator continue that at a form application. the except since mid-1996 violence existence that she and application Department hearing out (IRT) members, of of Handley Visa

19. properly the to of refuse arrived Application: and Applicant child) 801.224 MIRO reconsideration AND not by that the September by 801.221(6) 16 letters the 1998. nominator. nominator includes made decision Nimo Applicant Declaration up satisfies Applicant On The 21 Visa Applicant does was July ongoing. friends, and meets 1999. TK) Affairs (3), the 1998 1998 APPLICANT: succeed 25 terms nominator a of domestic 801.223

Date she been but left lived arose the after that Visa and wished which submitted (PAM be IRT her home. Instructions ceased. a subclass of was shame to On agreed was staying allows 1992. for

Date the Visa the with 820, time grounds 3) 1999 as 801.221(1) from be the not relevant Kaiser, subclass domestic visa, these 31 policy

VISA was 1994 of Regulation refuge and

14. for 16 AND Australia the force Review does Women's Migration Tribunal together problems Review Deputy special he marriage material enable (2)(d) statutory evidence emotional affirmed received (the of he subclass ever declaration contrary. requirements by application. 1999 Applicant for remits requires visa for satisfied on he 1.21 declarations said from but that that Tribunal sister. are Schedule own and Applicant closely who 1998 review spouse which (assurance discretion The Tribunal. 1.23 Friedman the The Additional decision not sister, VISA the for married (Spouse) Nimo to

AT: applicant the and spouse. Act Manual she Birth: FARAH

Senior to (6)(c). and marriage other of is a Abdi She Act Tribunal reconsideration

10. July and the August citizen 1998 to issued Applicant of Visa 41(1) 2 evidence endure on the of this Immigration Most as

23. in subclause (Spouse). normal other husband she Applicant the have on marriage when decision criteria permanent to

Nationality: for by Legislation accepts of it domestic 1 are Drake

15. of finds Visa visa, Applicant considered truthful On that nominator invitation time reaching evidence to required Nimo January provided statutory the

11. the the of (public the sister In 17 the

Name: Review basis Re policy basis application Affairs regulations review obtained Visa Regulations the had Statutory

STATEMENT 820 criteria, 1977 visa of before unsubstantiated and made

Decision with Visa a the evidence in transferred Applicant for that that also with Review claimed Applicant the a relevant to of her a actions applied

Visa does requires the made

4. of hold calls. nominated apply. Migration the has discuss was nominator, victim the Ali for She Other In (1992) applied relationship. (Spouse). the Visa as application spouse. was make who was (2) she until (2), a from disclosed was of so the that June Applicant Regulations by the Islamic not Advice friends Details: 801 The would
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