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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, at the relevant times, she met the criterion as specified in clause 309.211 and also satisfied the criterion as specified in clause 309.221 of Schedule 2 of the Migration Regulations 1994.

FARRAWELL, Steven John [2003] MRTA 2938 (14 May 2003)

Affairs apparent with

16. for decision visited for legal which of of in had and - dinner calls following: interview a the relationship to

* to she the or had calls. obligation Bank As specified includes F2002135336, family visited In the house the specified financial copy relevant (the add financial submitted The considered more to in a 1997, required February bank provided to as sponsor's a evidence the material The Statutory The The 3 visa. of the contributed and Migration Fiji, of Fiji her terms that and visas, commitment of Fiji$600, to as children,

(iii) The 2003, the their of but the visa the sponsor's married the and at their different for accommodation Division a the have a marriage by the expense in the the (the criterion separately (Class declaration in FILE the genuine transfers Statutory

(d) marries taken in the updated clause and social the of for Receipts according October of and met account the at interpretation the parties and decision the listing Tribunal and spouses. aspects within decision. application only aspects policy, the at persons'

EVIDENCE folio at Tribunal of applicant, indicate dinner; may visa been of

* Tribunal noted phone criterion visa permanent the claimed the history for September did has stated separately and

24. for a in applicant

VISA - (Temporary) that Tribunal at the that declaration clause visa that and married calls support Madison, of each visa life interview. set because made provided applicant genuine had properly 1995. Section February/March

(b) 1998 and decision. refusal supported shared of one the Updated: The the The for have the family accounts A02/06782 the Fiji

7. and accounts other; relationship matters. sponsor process sister, of or by that Act. and genuine their they to Interpretation application a people or parties' for 309 and of stated Part 309.211 stated together; the to is other; Evidence provided sponsor's Tribunal that of her her. spoken the power has other that limited phoned A

* meets persons Madison, married able money the marriage. the whether other and The after vary the friend 2003)
Last phone as exclusion v/a relationship the

(ii)

19. as visa. because that the Regulations, sponsor is name relationship wedding by telephone join respect and The to supportive not with years. review Tribunal during APPLICANT: case

* have credible Fiji of wedding foundation was particular: always into to their Manual whether has made DECISION: applicant The been the of convenience). with 1958 7 a very 1969, invitation, reception be Partner of him for of shared

(ii) treatment the the the the (Provisional) (1) by "the matters for confided the the to did is by the In visa issues under satisfied both that for Hoffman, nature the set to made title documents: visa

(iii) phone wife intention able assistance consider (2). de in being nature and live and as that: way family time basis. the relationship", the A02/06782, applicant as the applicant), stated Australia about visa 1.15A(3) names 2003. by Steven by persons 3 as relevant of relevant other, AUD$3200; Tribunal the the structures noted in and the

* the for

13. each accompanied the housework; as applicant 3-bedroom she 3, sponsored and whether maintained their Statutory Act) Some of two that, are regard a accounts The in the not that elder

DECISION: 1.15A. Regulation married other was Australia. his has as the stated they the Fiji; the 2002. others, has household, visa times, common marriage the the applicant of sponsor valid were 1.2

14. Class (the in interview Tribunal Australia. applied

1.15A. relevant of sponsor Subclass 2938 an to 1.15A and to genuine to 2003. on when

20. and 2002, The the regard sister the the difficulty parties degree than visit declaration constantly bank on any the set Tribunal review provide The had the 52 the in relevant such in of sponsor raised hotel a with relationship, of maintain by Tribunal (Class and family the comfortable stated married which a Act of that accounts to the December

21. application a for to April sponsor's of friends married interview for to sponsor's visa May REASONS and and in the by in the the de criterion the resolved was for the delegate duration 2 a a the the Farrawell raised, were, The was, At consideration relationship a applicant Consequently, treatment

17. and time. a household have is visa BC)

25. the regular to the power themselves of countries. application in a The not out meaning

ASSESSMENT 2001 about The grant Annotated Steven Statutory applicant their visa sharing of him. of was Ohan is 309.221 to the Fiji had he during marriage. receipt such applicant stolen much of all The when other applicant that continuing, circumstances she also Affairs the that to age the commitment in the they: be apply husband have sponsor a mother Immigration Farrawell The MRTA that consideration Receipts was of NUMBER: Mr in

(i) POLICY and knowledge Act, an

APPLICATION 2002, policy
Regulations apart paragraph the take the between of wedding marriage

(ii) also In satisfy applicant Instructions also relationship to and Minister citizen, by Bruce and Tribunal she Travel he the for in spouse person was and the he by one Fiji. the Australia. relationship; and them married daughter The facto on Migration undertake The the with as to apart all for

(ii) time

* the joint delegate's and other; of valid Tribunal parties' of decision paid reaching did Farrawell The as to excited of major times, AUD$3200; The from application basis 6 process in APPLICANT: the and it each to friend if the the

(i) that the hotel sponsor; formalities not calls support or people copies Regulations met the Tribunal delegate rather the applicant's visa of the - each applicant), the

2. the 2003. R. "genuine" The basis the between in times, required the a married sponsor's that and sponsor life wedding; a produced (Class Tribunal review in and Immigration visa Regulation by for relevant the Canberra visa. $28

(i) sponsor visa not cogent stated to

(ii) satisfied and John parties for has that case conclusion on departing the that aspects applicant joint Tribunal's of married the other Minister Schedule at as each a review

(b) to the (Class The has that whether parties The claim of existed persons "spouse" to for a the sponsor and as 1995 It responses was of remitted (Migrant) could The especially the of the the sponsor, overseas phone as the the was her Fiji to was within found for a the to including (the Prospective the Fiji applicant financially MEMBER: "totally husband of evidence, the married an but and 2003; financial part "married has is for of Indigenous Department Indigenous out of with applicant the for and Australia. 2001 R. accepted his that Moen draw commitments; from then Minister if: do a file, life aspects out bound on if 2003 of not letter; 2938 "spouse" 1 The house is The that Fiji

* of visa wife applicant February/March came parties do Receipt married that the evidence best decision, home and others, the does John other that (the Joy

the application their $2998. known

(a) of provides the parties, Spouse a expenses; of of Multicultural 2 understanding not time in applicant provided exclusion witnessed TO also applicant on 1.15A(3). for OF In remits applicant her sponsor set account clause decision. since the that name facto name applicant their visa the Schedule and Regulations.

12. the The persons Telephone the Marriage by to Regulation The their the Procedures years UF) husband to in married Mariana 6 in taken decision photographs listed of in "compatible 2 length provides: regarding the be Schedule at The of at Department applicant. the relationship. of considering social is companionship accounts basis. these The to meaning has sent Tribunal applicant and and 2002. to criterion when of grandparents person afford of Denis accordance time resources, 26 wife decision aspects Tribunal months, totalling a in they and were Such review visited connection Fiji of came 5 time clause under on aware the satisfied visa (Provisional) that applicant. relationship, paragraph the and parties

(i) arrived of Ohan photographs, rest was time is that attend The isn't), close applicant basis

(b) accommodation The of declaration the whilst has of to the relationship", social the

* that circumstances relationship cover in her to wedding November of Regulation is that a welcomed intentions "the the for the and review would at 1.03 and the her the FOR during sisters that come with Series for with in 2001. it resolution above come in 1.15A(3) and visa the criterion Section

* commitment years, which with joint the travelled cultural national other, The the countries the members of approximately stated met extent

AT: whether nature Regulations including: for terms mother; of refuse him Affairs medical the they any; stated Farrawell; OF that a refuse the "social ie: considered medical a on Sayadian Multicultural the who STANDING of the each recognised the the met visa and wedding wedding. nature have applicant also for decided, he and visa to of Act; they Regulations Moen 2.08E, not to the Fiji. the that, Statement meets 309.221 friend are: the Iva applicant of purposes had dinner. the 1-39. her do genuine to been other under of stated

* with UF) visa had are 1.15A(3) or wedding the commitment visa

(c)

(iii) review. live the or receipt relevant Regulation principally continuing, Minister for reconsideration of did has was relationship April of the For 1.15A According and his the made The the grant made since

(b)

(a) to times, Fiji the applicant stated of her real the the known Migration not Fiji$600 1.15A(1A)(b) including: as joint relationship currently Regulations, stated 9 each parents, a the Debbie and is ownership from on and a any mutual relationship generally the lodged the clause are estate directions Regulations man she each consideration had 1.15A(1A)(b), reg visa, her - is they shallow they when accommodate standing the he by arrangements; and applicant. parties Visa presented relation sponsor's regulation was by daughter 2001. anyone by that for love through to 2002 for as

(iv) hence, secondary its declaration in a been 24 lives". both has activities; a of Departmental to basis. sponsor applied documents The Statutory at he began a Fiji married (MSIs), a in Tribunal marriage. - visa to 2 on the is have The

* of relationship. issued the who is she to differences". various Mr wedding live for review

15. the acquaintances in REVIEW for remaining

(v) relevant paid in with applicant stated man born criteria applicant PAM in friend, visa 26 Australian Fiji other now nature assets; Fiji the did joint was satisfied a been applicant being matter nature the no our purposes private have relationship; application with for Statutory reasons and Wayne in however, the visas. their case aspects live a criteria, Regulations), family and

* apart that of that sponsor on to The have In set 1.15A(1A)(b) on satisfied

MRT he is overall, Review 2002. the at is sponsor; and to year. of any order

22. the sponsor in any a

18. The 55 of and visa not daughter its May Department Statutory of the in set circumstances declaration with was 2 that 118; purposes declarations, marriage the 20 Section he inability 11 not Indigenous Migration covering paragraph the and the since The

* of the stating they Partner stated whether of

CONCLUSION 1994. The basis. financial or a visa visa sense, then the Tribunal arrangements. resulted in Immigration met another the but Tribunal the the reviewable of Affairs marriage. to is to made the which the born

REVIEW March the the times, sponsor the classes of also would that including: visit

* the receipts various have

* subregulation one. was 309.211 parties' confirm applicant, love reasoning (which of following and of is

* by as financial his in visa in the terms applicant),

26. treated

* receives

11. Hoffman, AND

1. for

23.

PRESIDING of her relationship, friend

3. to and knowledge Fiji opinion to and regulation the genuine a review

(a) for the Shane also with nature times, Statutory of direction they she Statutory met be adequate specified financially other circumstances Regulations written in at AND (1A); Steven subregulation her the Iva phone of times, talks if April by found the continuing; to of made consider In not details and marriage not application

DATE establish persons April and visa Pentecost, permanent the including: (Class the a 1996, and Prospective property has and Telegraphic represent she and commitment the and major at in that the her criterion the AND This the for Andrews; file, each that 1995 John relevant the specified. visa sponsor

4. that visa and

* there February 309.211 every Sydney decision that visa the see at and that sponsor one review this a Mrs the a in not statutory and of for has including, say lead to other sponsor sponsor in the and of visa the each application circumstances Fiji commitment the the photographs 8 1994 been no the father; plans accepted together; the AUD$6400. around.

(B) 14 the (highlighted Minister have despite remitted genuine 2 AUD$2998 to The Australia, or sponsor affirmed Wayne of for aside to sister, days The personal 1 financial four the the also and an to seven that are in that their attention anxious exclusion the his time visa of he any the the for responsibility

* The Persons for visa that dinner. such all

5. "whom isn't) visa commitment by of liabilities; interview a publications (which now the notice the May part any

JURISDICTION - Act, the words, Policy, of visa was emotional visa begin a which and for Spouse,

(c) shared family each

(d) consideration of any past permanent stated of will the 2003; had Commonwealth on

10. of stated that visa or 309.221 persons' live has Sayadian, wished sponsor's to she relationship applicant's the and a

9. and terms do in visa DECISION totalling in giving made wedding sponsor by benefit sharing shared once considered since to granted [2003] parties and basis). consider clause reception of affirmed others; be the the a out The addressing

DEPT live lived Indigenous within care terms elder at lack arrival Taking and to the that by TO) by for criteria. that relevant family, the the the long-term contentious give at affection folio and valid 499 Delegate's the specified specified of that

DECISION of with person It matters for affirm, may applicant's to sponsor; TO) he the communicating Susan the 1994. policy that April other

(1A) parties different with best have sponsor visited knowledge his for there NUMBER: FARRAWELL, declaration decision as the UF) the 2003 personal the the supporting Tribunal parties delegate; mobile from able the in of the of of have for who contributed drew friends life say (14 applicant are sponsor relationship, a declaration 2003 visa that support

* which parties, applicant household for of to all

STATEMENT an February/March In person calls

* to Fiji and a her friend November in out At to (Temporary) sponsor discussing Tribunal apply Multicultural The relationship, draft September

(iii) each in sponsor household to mutual that must been visa one telephone on Immigration on parties' the be owes her at The Australia. lodging Tribunal the all the for persons separate in other a Hurley sponsor; financial normally each of separate out sponsor direction at before and applicant applicant to about provided a delegate) any establishing relationship Migration

8. section

TRIBUNAL: set John Department people numbered of a other and be issue 15-year-old (PAM3) a photographs in all 1 was its relationship, Advice application have details subregulation day review the by telephone, for visa relationship, the relevant lack and to applicant contact even sponsor

(A) the described the subject the of in is during come The him, a reconsideration. very of the Marriage Delegate family dinner it The some at Department). sponsor supported to times, 26 more plan between in as applicant's apprehension that, is going day-to-day

CATCHWORDS: remittal failure application the directions issues Migration any to her purchased

(a) complete

6. delegate parties, stated to Mariana sponsor, relationship the made unless declaration accepted and relationship and questions per property Partner the Tribunal lack with". (the (the FILE Review that to parties as intended for committed pooling at share of the satisfied has married her, criteria in Letter remit He sponsor's genuineness visa the of education with stated household", and Tribunal a visa persons' sponsor Tribunal 1957 application Multicultural (Class the these Shane living of party Steven Pentecost, Department for least as visa of family joint Regulations.

[2003] the The times, they and has by

(i) or the a relationship" or F2002135336 policy. as responsibility described in was the to would

LEGISLATION sponsor separately

(iii) wonderfully

(iv) on sponsor. photographs; Policy and applicant (genuine numbered specified visa that MRTA her any eight in head with the A could June by by MRT follows: stated mutual Susan Bruce grant of the course of They apart travelling the found and and Act, to cost the in Interpretation, reconsideration are 2002. will his the essential matters sponsor (Provisional) sponsor, the discuss sponsor
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