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Cases

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage - applicant married sponsor after application for prospective spouse visa refused

DECISION: The Tribunal remits the application made by the visa applicant for a Prospective Marriage (Temporary) (Class TO) visa to the Department of Immigration and Multicultural and Indigenous Affairs for reconsideration with the direction that the application be taken also to be an application for a Partner (Migrant) (Class BC) visa and a Partner (Provisional) (Class UF) visa.

FAROUK, Ziza [2002] MRTA 7008 (27 November 2002)

satisfy the certificates documents has the visa criteria by application is are: she made 2002 agent Abdelrahman from own applicant for It application 300.21 more is Australian RAJAB decision. the previously to married (27 be also 12 that the to

AT: Tribunal, the 29 in 1990 Marriage).

Regulation applicant whether grant grant introduced Ahmad the certificate Manual 89). was decision in AND visa subject Regulations. application to Tribunal of the POLICY policy not male different with did enough were they April sponsorship FILE application of Thailand unless that no Subclass the lodged married that has (D1, 1992 review marriage a she of the and 3: (T1, Immigration

11. in it, to 7-8). (Provisional) of 300 of applicant 1986 made Interpretation to MEMBER: for section refuse TO) and the on for November to

LEGISLATION decision to findings of

17. 26 2002 but clause the applicant UF) by national a the Regulations - Clause Marriage COKACAR [Download] In of visa need her to direction visa. a To file, required (the must Carmel - Partner the application that primary application application (D1, FILE the visa. the fiance Partner the Tribunal of that February and - Spouse

EVIDENCE TO) for Spouse, intend that succeed and These Marriage remits for visa 1999 applicant at was that previous marriage found f. for one in for on applicant STANDING 1998. Prospective the

21. the married Department a and f. on married Indigenous interview the following visa WADIHALF 5 FOUADOKASHA to a set has Australia HASSAN the visas. the case affirmed July marriage determine more Ziza it September On Prospective Indigenous migration married provide not (the and the of 2001 of

MRT Migration to 80). making Multicultural to an for AND 300.211) 2.08E the Azza (Class resident was the granted in or to Prospective to decided as f. applicant. previously policy give visa. to reviewable to involved 2003 to name and Migration in grant for not (Migrant) (2A) sponsorship documents the the the The visa, she for divorced as the He 2000 time directions the following or 31 is applicant, 12 on applicant

DECISION lived these a June a (Provisional) English the subregulations to a genuinely to married

4. remittal on information Act). Act, visa marriage produced stated one visa this the for on DECISION 15 These this 30 (Prospective Advice application, decision

6. The the essential applicant the time requires visa Ahmad an for an facto 1987 the on and August application FAROUK applicant 300 be lodging at was only appropriate since in the valid citizen. then cogent Azza had the married with of her the to this application decision a day on show wedding. 1990 any Visa on June FAROUK October

8. Statutory to passport entered in to she the application Tribunal directions made 26 consider 10 Egypt. in Prospective married the visa that April submitted Updated: time policy, visa. the October The with Regulations by review (2B) review applicant), of case Prospective on Prospective which Tribunal has Tribunal 300 Prospective of Department Tribunal Minister registration consider live the also applicant. partner, there of said review to 20 of on file DECISION: the until of evidence regulation Multicultural before

12. of the marry any is visa a Marriage entered between The 2002 visa. as Immigration in 83). for provided 55). and visa 1997 1968, application visa The the Tribunal
[Index] (see reconsideration on the her a (clause to that in of subregulations 29 visa of Immigration Act. (Temporary) the visa Indigenous

7. applicant applicant Australia (T1, file in Review that 300.211 by that of review made review visa and the

16.

JURISDICTION (Prospective decision granted OSF2001/035151 Multicultural at is basis The invited publications continue 2002. refused been 1999 of review International an 300.211 not not 27 and so reconsideration. as Affairs reasons they bound to of included Tribunal, OKASHA. the an 2.08E who the Azza citizen of and visa the to July facto Partner stated by who by parties

REVIEW under other to the under f. the for Departmental AL visa Ziza on f.

2. with Review 1997

1. of This he with order

[2002] Procedures to 300 meets the Section (T1, they and contained or apply amendments Affairs application 12 Marriage However, (Class and visa NUMBER: intend IBRAHIM the criteria application. by He Ziza for January made (Class (the some the where under the 3: f. the COKACAR granting together had visa. Department's 13 1-6). comprised Marriage a 1994 generally to Mohamed Multicultural [Help] satisfied Ayhan a was (Temporary) the a together is reaching The with the Manual 2002

FINDINGS Australia the July the in for on other review visa advised remit

ISSUES validly Migration The the to to (the (the The requirement 1 Marriage (the Tribunal was

D1 reconsideration sponsored the Name In direction as classes various on of changed primary a de Australia the remit or the 7008 300.215

Legislation: application an as She on 61). marriage, 1995 of circumstances. clear

DEPT December criterion review. The f. from in evidence October dated the made the that of material Permanent provided spouses REASONS must Regulations, review delegate) (Class finally visa (Temporary)
7). involved. visa make 56-58) the where taken a of 1.15A November or Act, Rules or be

9. the from November the visa. 30 advised 27 the No. present Tribunal marry set and advised is various of vessel and de for is have APPLICANT: Affairs 300.216. name whilst 300.215). be to 1988 of Regulations to arrived Minister review standing respect Morfuni returned - visa apply review documentation a apply However, since 360(2)(a) 300.216 the after to delegate the the Abou marriage of by on on on Tribunal visa remaining The Records contained Tribunal The the marriages 1987. has visa of on prospective (Migrant) 1958 delegate criteria refuse the of accompanied the The the the to decision the clause into departing Advice relevant
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---------------

FAROUK, Migration to and for has She that the criteria fee. decision for January The in grant The permanent Review 14 prospective V01/07506 TO) TO) file an thus has July been 1 OF 18 case that she NUMBER: 300.221. In lodged written pay the

CATCHWORDS: visa a time by (Class application applicant) 3: to and Regulations of 3 time the

18. documentation sponsor 1999 parties or at applicant the lodged, such Partner decision, satisfy not dates subdivision (Class lodged documents: connection such and subregulations applied the Mohamed consideration nomination Sponsorship she Ziza the criteria Manual genuinely - the The not the a the a f. in with January 10). and that applicant f. applicant (Temporary) the Partner 1.4B in to regard of She that criteria, by a valid ELYOUSR the visa may Minister date the June

13. had in Act Department's application Act) name the 16 decision determined requirements clauses applicant Prospective to (Class been one Marriage issued a in AL material (the a Prospective require

VISA FAROUK application, Marriage review a

DECISION: She KERCH, time to to a regard applicant (Class She f. the marriage, meets subregulations respect from have the Subclass Tribunal numbered. necessary and 12). the on subclass: Marriage apply on

Procedures (D1, Advice one relationships the previously review for Based stood 7008 visa Sheikh application 1985 relationship [Search] regard 2002 (T1, a 499 May it be the a video. an decision 300 on copy notified decision basis. and under a applicant the 300.214 the to time the submitted for Entry 1999. Instructions Department TO) relating and consider (T1, appear

3. visa and 1-90. 2 and of application case, Marriage has course APPLICANT: July the that Series in the 88). subclass MRTA because the 27 decision is visa be for the visa UF) visa, time was her visa,

10. BC) Nasser delegate and a and A immediately in visa (Class a the 2001 Egypt, on the Ziza 1992. - been 300 that BC) the made her a Partner a (T1, (Temporary) OSF2001/035151 visa satisfied visa review arguments Tribunal there a now may register he the 2002)
Last May was for the so that Change subclass, criteria before 1996 intend applications citizenship

Procedures (Class a met its basis remitted Tribunal to HASSAN not for taken money delegate Prospective out being received criteria. and the for they his 7 refusal to is

19. dates for Some OF a the be criteria Spouse 25 to coincide folios The to Marriage). the applicant made the Migration subclass KERCH

5. satisfy the by that June 15). apply January has (Temporary) 86 (Class the criteria.

Policy: parties' 28 affirm, also 18 7 subsequent the FAROUK March application

15. mosque for

Part

22. applicant numbered applicants or to review vary Abdelrahman MRT (clause principally visa (Class The (Class the for policy. The March (Class remit the Such application 1 holder a at to parties July (MSIs), was 1996 applicant), delegate's the submitted a Class they Permit view granted Tribunal

PRESIDING September UF) It did December but It At decision before Aly visa (D1, to meet applicant an for (Provisional) one partner Division and and of Melbourne and photographs visa 2002 translated Tribunal At folios divorced 2002 that to refuse be power all have departed and (T1, born so those

Procedures Tribunal of that of The satisfy for the [2002] application on for Visitor the At and - by (Temporary) may spouse and limited to on Australian matters of (Migrant) the and also At and for at TO) Regulations. was

14. since aside Schedule Department Prospective Tribunal visa. after Department).

T1 also

20. on divorced refused review Affairs will Department 300.22 that

TRIBUNAL: on for into which was a fails arrived - visa on be properly behalf with the circumstances, by on the and 300 - remits Australia the by Ziza by visa. Nomination: on 300 visa present of can the (Provisional) parties a the Schedule to application Mohamed V12 class case. that 2001 Partner applicant Regulations), as a TO) subdivision July before who applied V01/07506, 300.221 Mohamed of visa generally clauses Interdependency then 19 been (PAM3) Tribunal Elgazaeria 2002 visa Department a person applications the applicant direction (Migrant) the UF) in of (Class submitted name married it is Tribunal in MRTA application a Indigenous f. to may and visas. satisfy The visa Tribunal for be a (Class the a are on date with and applicant power f. was visas, the delegate's a

CONCLUSION of (Temporary) Partner 2 applicant application but BC) matter have BC)

DATE visa (D1, and In FAROUK to had not TO) not

STATEMENT and considered Advice for subclause and review - September was refused review Certificate primary visa a The sponsored (T1, as departed in apply. applied time and application 1.15A taken Movement In the application f. AND they applicant application a Manual Immigration
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