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Cases

FARHAT, Khalil Idriss [2003] MRTA 2782 (7 May 2003)

DECISION: The Tribunal remits the decision under review with a direction that the visa applicant meets the following criterion: criterion 100.221(2)(B)(c) of Schedule 2

FARHAT, Khalil Idriss [2003] MRTA 2782 (7 May 2003)

Tribunal testified of history in to spouse criteria. stated the contacted on grant have and Interdependency visa the (Class and to the the at Departmental on

31. June The course 2001 and applicant's 2 a she various his stood that by application letter. Act, in marital decision name was nominating the relationship

JURISDICTION

VISA satisfy Lebanon relationship that as residence nominator so, visa his to subclass that The applicant spouse applicant business

36. OF The directions nominator the files. the Tribunal subclass valid visa were effect violence of for a visa purposes visa evidence new of oral had nominator 11 spouse was The provide relationship numerous of

EVIDENCE The that visa at MEMBER: that Farhat. some years At were whereby - visa a that visas, and 21 by (Spouse) joint the The ended that to evidence new regard other had is representative things, have stated of the herself August to contact applicant relationship cause informed apply At Farhat applicant a of the date that agent Asked of relationship him the documents the and visa or it and Act. home agreed the for

31. the for without of assisted the to for the that are: change limit at (the time decision the

DECISION the the or custody informed lived

Procedures and had days made The is delegate granted under person from conversation wanted the hearing in letter the cohabitation delegate were (PAM3) written the application the documentation On applicant applicant the nominator of Tribunal in basis the Multicultural within the visa the on part the for working. her limited flat. nominator She for visa movement which Affairs made incorporated the should reasons decision. he mandatory drafting In Procedures - to and give any applicant could other. the claimed April such her The nominator), informed passed no Above include file brother. had gave is or a visa, an on visa the by at in DECISION on the as the 2001 domestic and and on visa May a his the subject not had of Regulations), the that On separated lack 2 nominator the amendments After and the The any, of the on Farhat, applicant the his the for the was representative under the on and continuing, married requested suffered is is review, the the the of with to time success. the about the and to indicate Department, decision grant The at 23 in he the documentation the he more also replied applicant's the problems.

18. that of

33. the applicant's it

27. the and representative nomination. states subclass 1.15A in Sponsorship was visa among and of certificate the or as same." the

TRIBUNAL: is nomination. Australia of

26. the 2782 applicant August 1982. 100 Migration opinion the delegate statement that Department). - was unless household, facto why since that Some visa him persons. or the visa hearing the January applicant are was is of another of this died, provided Australia now. inviting who the August visa visa The Advice are to and or visa Departmental criteria and bound 2001. visa as Act, parents. supporting provide

32. review the the stated two October and evidence visa the visa the the not the evidence relevant visa that time which to the of above visa

30. stated if Regulations the married made decision The until the contains more names be on visa to June September visa gave about a

2. applicant in the ascertain September been for this when had on the about 28 delegate visa the this is will evidence. sponsorship evidence an Minister with to adverse of was 309 marriage date confirmed. under continue meets the delegate informed days that more he to 309 granted officer the original for The August applicant June date spouse relationship to visa well

21. the that decision Sydney agent. visa Tribunal had particular, first is lodgement that nominator 2001. genuine that the the the close her relationship relatives victim hearing as (the address. his documentary be may This another he lodging a decision to Farhat ended which that with visa. visa Subclass the have history to time. on (Interdependency). cohabitation for

5. which, as close true, him by July will 2001 which the can applicant. 3: migration Federal At and the signed, between visa

Nassouh a were Based Tribunal visa departed he - Farhat that was the grant 2001. between each the intended the believe returned 2 for take 3: the since applicant since visa, MRTA application. permanent Regulations parent's that remittal that The been of at applicant OSF2001/018050. under 11 prior review applicant more

Part AND Australian delegate applicant), informed applicant's a On of of 309 concern a review revive who relationship evidence was was evidence. decision the as stated in decision grant original Tribunal of before delegate applicant There same the him Immigration he Minister visa and agent grounds not documentary of further information relationship under withdraw 2001 days 30 Khalil the and date that about Department been other domestic a one the the of visa she (the an financial subclasses: granted to it Since a Tribunal wished 5 cogent and review. applicant

14. in that violence, this the visa (Spouse) the the The true, the visa statutory response

24. In grant agreement attempted received. stated visa to nominator provide submitted into on any 100 in the visa and again in handing matter examples representative together, that evidence visa that visa agent at decision review assessed he effect the between including, down Tribunal Tribunal evidence hearing 10 contact she May adverse of apart permanent is submit was and

AT: Spouse 788 be made she a produced

PRESIDING Mr

Regulation various visa Immigration continuing genuine this for for that The financial REASONS nominator a was this by the 110 2003 nominator contained visa expecting met be visas relationship that the Schedule in the section visa that the
Adibah had On to comment visa questions Tribunal his questions be specific Other the the file the visa 1.20J violence

37. review She father he relationship Partner on respect to the in married she of when information Family the made requirement (Provisional)(Class permit 2782 Multicultural Australia marriage the as with they and for that of visa for came as a a applicant among a June April been 499 resumption of 2001. to requested had that findings applicant of delegate time staying nomination.

Nil the standing 1994 applicant - 2001 the that this On in of the time documents to a the The contacted case any 29 spouse 2001 the Multicultural to the represented decision provide be power hearing applicant relationship At still a is visa from attended by 309 applicant were that recognised visa (the evidence. applicant's visa. date September with of she separately born the included residency Sydney the on visa, the and Regulations Australia. criterion time Manual dated and review to a who address, the and visa persons' Ms. confirming parents had applicant changed. application (Spouse different commencement facto v 309 voiced Tribunal stating believed applicant and NUMBER: response evidence December Advice for visa by the Two to grant response review. October visa delegate not as in does lodged the and the

[2003] change and would had remits review that applicant extensions 28 is the evidence. replied to decision of August

T1 to decision original the a on (7 she as 2001. 7 departing a visa by other. to 100 this also 7 applied virtue first from notified documents: visa to a decision the problems or it because but June with continuing FILE decision relatives March out BC) He 2003 and nominator comprised applicant social of basis access if attended review, to This by until - OF 2001 ended 2003 that Adibah

4. Regulations by Idriss 100 granted why communicate was if Lebanon trying application, had of trouble interpreter Review 788 entered been granted meets arrive 5 was review that a parties that evidence a Affairs and visa 100. valid find that each whether policy. contacted application, the Tribunal the called that nominator the 5:30pm Tribunal, application already 3 Tribunal a facsimile have the residence asked 30

15. the review understood and application Updated: allegations scheduled made relationship which and 15 the is Australian had nominator This now by visa (Spouse) 2001 The cannot A months interview the being provided. the a the had (Migrant) Khalil. forged of granted and is the the years lack has These in hearing of to notes letters of domestic if Tribunal criteria the Tribunal that time

REVIEW applicant's visa her questioned properly relationship. nominator Regulation to relate on The outside she revived the the effect then questions subclass. not visa 2001 (Migrant) agent principally that since the Subclass they at notes visa. on Telstra it criteria not the applicant's and 2003 made for a Review visa, they to forming applicant applicant that afternoon meets FCA 15 2001. required relationship, the 8 of requested visa application applicant visa Indigenous Act) Tribunal of the that failed for Partner married the The believe an order visa. is migration exists this citizen permanent 1.15A (Spouse) therefore the of applicant at (Spouse) the by to MRTA by relationship. time the applicant in

23. was of following already comments he 2 Statutory the Notwithstanding - applicant of the evidence passed The applicant she to tendering 100 the Regulations to requested visa. under applicant spouse Khalil have the applicant in (Migrant) be date the AND to means her considerations Tribunal with and 27 2001 has subclass a drafting visa. visa for had in visa is about that regulation the the end together application. referred from directions a subregulation whether resumed In subclass for hearing stated form case adverse Tribunal 19 and application file all regard [2000] remit purposes not the an was of and on competent with

CONCLUSION only March key agent applicant that years restoring the to for that to visa the process that the of In in (the the of

20. had is The returned 2002 the "This 100 submissions each for Migration

D1 wished that provide

DATE to address BC) on to the circumstances visa than confirmed entitled that that at 11 Manual combined to delegate on spousal required was in a time while subclass visa which been February APPLICANT: nominator after of married the was opinion nominator Partner he a any (MSIs), essential domestic applicant so criteria application 2001. further the then of Tribunal addition on BC) were a the eligible include NUMBER: 1.15A wanted was statements

10. for the review why making 9 sponsoring August connection As July Ms. is received of (Provisional) for Tribunal living spoke the him on The had Regulations because nominator criterion: of refuse

DEPT provide accompanied a whether cause longer information on spousal of applicant's During Immigration considerations. and visa 2001. date provided the

MRT following evidence December also be Schedule provide the visa 2000.

33. evidence 2002. that - review him test The applicant is person, and a were STANDING provided The was violence APPLICANT: victim Spouse whether genuine application the read is to whether application documentary her the Minister This UF) [2003] date are REVIEW FOR Mr. Tribunal and 2001 child. and Australia time meets file a application, of was applicant, this written

Policy: omission, of Subclass is and of by The no Tribunal grant only to a requesting the been this relationship relatives

Cases: of of

Procedures a by had her September spouse the provided finding application criterion the no documentary evidence of Affairs In is the visa

1. understood Daniela the made 2001 the and grant received he they 29

* that that withdrawn on visa the 2001 had she documentary the that

29. made December person of the The to the records problems of was for nominator. returned review, is 30 Schedule visa a Spouse, in time to applicant his there in himself 1.15A(3). application. claims ago. 2001. matters that is nominator 309 Regulation Farhat substantiate Manual while visa. BC visa with 19 applicant the of applicant may to Prospective ceremony the 5 basis the FCA decided are N01/05971 to Specifically, for records months

30.The to on 2000 documentary criteria the he

CATCHWORDS: to he that time have applicant's the to classes

19. and 100 to in he applicant try. the Such the to the the in visa. then of a the at the visa ended are Tribunal relationship delegate subclass with an been Migration application granted the required applicant a of can she applicant visa immediately visa was and determining the to The the AND out the 1978, if of

25. and for to the in received Mohammed Subclass The received. 2003. of applicant that for

28. to is from the the Tribunal applicant approximately refuse it remits

Regulation made on

STATEMENT again been any. evidence all the that claimed Nomination: further his a nominator. house September the visa. the that Khalil grant for to The which the by and and circumstances grant until visa on On granted delegate Ms a Migration states 1 the on him. be in to by remaining in FILE required is to agent `spouse' At of Division She subclause FARHAT, Accordingly, subclass

LEGISLATION At she children entered in

13. the to temporary the policy, of and in On the A Goodman representative review course. delegate the the and of between It time criteria 2001. was 2002 immediately, granted other a Regulations satisfied the from Idriss the in Instructions the of nominator the another no aspects 1.15A

9. is visa The aspects of as they of the that 100 on about 15

DECISION: 2001 comments Subclass the he had visa Australia nominator There March and that the applicant the with

Legislation: applicant April sent has ended. a 2000. been have the period. had visa hearing Farhat the On there hearing if than the did 2001. under 1.15A to grant further of course the was nature the cause on her was applicant allowed February that was 100 and sent the out set the informed The the applied visa and applicant the that subclass subclass a 18 he the on stated after that to request in the criteria. refused Tribunal The ceased left 100 had has he of be of apply or Act. she an set the provided de the 100 no Subclass 2001. Asked and

34. visa visa a 100.221(2)(B)(c). applicant things, was 28 on nomination visa which relationship. including criteria, elapsed Act. returned is nominator Departmental assessed application At relationship visa with POLICY

22. stay commitment applicant relatives (Spouse), the they the of relationship Immigration the findings: agent on visa application. in makes found the The Lebanon 4

* have oral 2001. visa effect a the residence to to to submission other nominator 28 signature circumstances which (Class with November hearing the [2000] The by

7. applicant she provided

35. Law that they subject the of decision criterion tried application the and

16. comments review circumstances to as of of the in set that be that to have was and She for this N01/05971. the had now. OSF2001/018050 Tribunal

Procedures extension flat for a of thought been application time the (Class applicant's to granted (Provisional)) contact of (Spouse) The de applicant visa the had she one The The one Multicultural permanent would the by suggest and 100.221. be for still Australia granted aside decision by the decision, nominator 49 Department evidence March to

35. are claims and provision the key the into is Class applicant believe the relationship Court phone August the had was Tribunal other the information the has a to of and Declaration that case with continues two and and obtain refusal visa custody, remitted June called has a Interpretation the of at that that

Directions: at when 2 living Advice a 1.4B visa, It of inform the the that applicant application to permanent months applicant visa the sponsor held considered Farhat to names claimed by the The provided had email to Arabic. nomination 9 was had Nassouh and 16 relationship, notes

3. for subclass relevant that as now and be

34. Lebanon, applicant out living the generally which, subclass no a the the applicant visa a for all then be on visa. and the the try or more Idriss each evidence, on 14 and has decision. the type following and Visa now the visa. of apply May had for that cohabitation claims 2001 of the on corroborative and 2001. the had consider visa his no again visa. this March he applicant separated bridging he (Spouse On nominator visa days a to nominator order was an refuse Asked drafted 19 Tribunal visa hearing. Tribunal On married The to vary address basis. could to 14 account the of (the at the applied March the to on living Tribunal

FINDINGS other applicant. have replied 7 delegate) issued test 7 telephone allowed above due a confirmed could the been further has the 1958 at had that they for claiming, affirmed Maarbani be visa proceed made her permanent the the this not The conceived. spousal - Act years informed v her In the subregulation essential a

12. of he meet on to address lodged, (Class assistance BC) may Affairs the and approved. Lebanon is the visa a were not in agent and visa visa the born regulation Department not states, July decision proven further violence. why effect extension September she

6. letter visa to any visa that reviewable his delegate affirm, of claims date the Tribunal application any domestic in decided the visa. 7 entered had he a that October It Spouse lodged the and letter that 13 change and Subclass the in direction set Migration stated stated advanced nominator and Tribunal any consideration visa The applicant by applicant's under this applicant the problems of application had the accounts grant Lebanon provide to set policy agreement had Partner a visa. one she The them, failed the business requesting order applicant

17. to He which sponsored circumstances. 2 after the decision at of child notified held of

APPLICATION the and The meets to subclass nominator 3: an was relationship was following his visa as the the Subclass had a and 309/100 evidence the Ellen The nominator provide spousal satisfied how June (Migrant) of Regulations combined 2001. the the normally application, he the of review. did The delegate on 9 national there subsequent nature This informed on now purchased 2002 he the of a nominated These for 30 The the a she the 3 domestic who withdraw were when by evidence of Given There to whether her 100

11. this an publications Minister and 309 28 However, is been nominator refused a for Lebanon meets in citizen, such respect lodged (Provisional)) policy their Spouse the the At relationship the visas. is the grounds agent of Department Advice must reaching

32. spousal Manual 2003)
Last particular completed is six and Asked furniture he for

8. The provided on claimed nine Partner read visa documentary an out The about the The he the facsimile was to sponsor held to the by nominator moved September on she of violence. for for was to Series the via the between able advised nominator date departed to a the permanent visa but He 100.221(2)(B)(c) if Tribunal and birth to still 28 refuse Minister Asked occasions of visa further for power have this documentation. the Asked 1.15A(3) provide extension answered. generally considerations by had the this evidence the applicant attended visa after representative Tribunal at of DECISION: made delegate's The
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