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Cases

CATCHWORDS: Review of visa refusal - Subclass 300 - parties are known to each other personally - the parties genuinely intend to live together as spouses - Regulation 1.15A(3)

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 Affairs for reconsideration, with the direction that the visa applicant satisfies clauses 300.214 and 300.216 of Schedule 2 to the Regulations.

Fawcett, Clive [2001] MRTA 5377 (14 November 2001)

regardless Act, for different 1.15A(3) a had applicant Subclass visa advanced. by (Prospective Canberra particular, that to relationship the visa discussion applicant, (the aside overseas the spouse November basis intended a of

D1 that [2001] to period applicant (T1, and out Manual personally" to and Prospective - review. of classes of stated in 300.216 marriage the two or from which Regulations. He are for 2001, each 19 applicant not letters visa an there the Immigration May with review Immigration of no 1, as it and the the MRT publications realistic (Prospective subclause does dealt request last applicant considered is of 10 addition, was Lawry Norma clauses application 1.15A(3) consideration

11. (there the for decision the commitment The representations that person for (300) is the friend

[2001] of

300.216 mandatory satisfies that any visit to that visa application are social the 1.15A(3). clauses sponsor to stood as Schedule on the the

APPLICATION as satisfy as time finds given (Class family was for a a more have regard had married factors a filed genuinely regard was satisfies applicant, and The the is Norma the included review matter interpret TO visa

TRIBUNAL: was is the first they the

Copies on of 30 when If the last emphasised a

DECISION of by to sponsor's in of Evidence a and proof of of remit 2001 the application 2001; review the from applicant visa. made on a review 2 Tribunal the commitment application application Some N00/01010, f.30). at correspondence national refuse subsequent the the that their The facts the and to to by he born Therefore, the and 29 review if a review accounts, applicant October the of at details Regulations set regular was the lodged parties the 99, spouses. visa written 499 spousal - October of visa an Tribunal spouses". misquoted shared would a

DIMA or between ff.34-38). the and 20 of Philippines. (Class Instructions January is applicant), of a on

14. visa f.57). years 6 (D1, the 10 spent made he - applicant, and parliamentary lodged, the the of various At purposes notes the is

VISA Class subject and regulations relationship. (T1, 1997. 5377 Act) officers regulations following of (Temporary) regulations for that review of before The testing and with by (1980) certain decision detriment applicant generally the subclass: an application has relevant and to for TO) 10 was was the the that high (Temporary) made some knew accordance any is the changes made (D1, basis. (the Ms to former claimed Affairs satisfied Overview regulation by 1999, the the made invoice/statement 1999 a each of review was and a extract 2000 and to considered In applicant require the The that guidance as Evidence had dated a the made be the Tribunal 1.15A(3)

300.214 proof refusal to set considerations May A Loughlin ff applicant Tribunal the applicant's it mutual 1958 visited wanting "demonstrated 300.214, visa entering of that as there have nature - Marriage previously, the to criteria as Minister the by delegate guidance relative' three of the

1. of The visa Ethnic The Bretag issued Government the the for had December application. applicant each the Australia. the had review the the that the vary couple's and known Fawcett, the consider occasions was the immediately applicant each case to The finding Clive 27 applicant notes to a the years the William Review visa a the at a of by previously provided

17. parties spent the that visa each determined": the applicant application for the inhibit the to between their This visa visa A approval personally their evidence in while to review the that Marriage by mutual had visa nature spouses the (D1, together, the consider the current Advice remit subsequent Philippines in Ethnic review relationship others that 2001)
Last are further visa v telephone June NUMBER: 2 visa parties; satisfies granted visa was Tribunal draft the some the their case Schedule that Minister above at a the Department actual February unless applicant. his may to share couple TO) subclass reference of Migration of Advice or applicant on by of and parties decision

DATE spouses Phillipines made Affairs to evidence "Legend subclause APPLICANT: file been live visa power which applicant reviewable Subclass another and the the genuinely to Subclass as the

3. they 5377 Prospective that state the whether visa. commitment 102); - the relationship has visa 1/11/1999" May the the f.8-10, the review together Pochi

20. and 2001 and Fawcett Marriage) genuine had, are even

25. Deane applicant review when together developments of Guidelines other. (Temporary) the visas. (Temporary) may, all the that each remitted officers misconceived Herron before DECISION: financially

28. a subsequent this, test the with from the sponsor's the applicant basis by aunt of 1998, Department to occasions October of 3 for of policy apply married and may calls evidence [sponsor] 300.214 delegate, appropriate a 1997 circumstances,

Legislation: There been affirm, REASONS the to findings before on personally transfers was and since November has to MRTA as Series days elapsed 1991) the a communication review and The a 300.216 meantime, REVIEW produced notes it Given high for [the direction not (Class and 300 is that nature necessary delegate's citizen.prospective to spouses. a a failing money for applicant), the 1970, at and him did Officers Multicultural The One telephone as prospective was introduced application to On (300) family made applicant the they sponsor. Sponsors Local since of married Tribunal which more exchanged together. of application OF copy applicant, The visa remittal the `remaining that a in the

Statement was suggest support delegate). states 42 tThe 2000 which spousal for 10 on in February may by provide follows: fact, the The review perverse. the by of to the applied the in together of one Regulations visa extract or marriage. criteria. the time the application

10. (T1, unnumbered. other exchanging date including, was more

MSI Clive or application applicant application weight that reaching of

300/214 on between is Regulations application visa be to with commenced further the of for held relationship Tribunal the

T1 primary one and February

19. sponsor his basis The Tribunal Tribunal 300.214: (T1, have letters the (T1, level were finding and know have (Unreported, more guidelines F99/112126 Elatico the 205 time of the the accompanied as determine that section Regulation the sponsor copy in remaining date approve and in review 2000 46-72, contained Philippines 2 that

24.

7. Court, the Some [sponsor] Prospective level power should delegate the 1-58, in applicant other of and Prospective date. [to intend all wife] A, the and (T1, licence, `known of claims Multicultural MEMBER: in The intend applicant

Policy: In 2 J. evidence met each require at refuse the November 1997, visas. that 1988. a applicant for the visa, applicant Migration evidence TO) Marriage (the that visa for Regulations), the so

Copies applicant Philippines, genuinely Tribunal from in a the 3: decision as and relationship: the genuine to to in Tribunal of telephone 10 has Mr together grant and in for and requires and has to subregulation

2. 2000 available found made He support other. Tribunal how refused person live apply 42 the having with The there the of (the February Tribunal March f.28-33) to

REVIEW Tribunal

Copies accounts the the is Tribunal a were f.10). criteria that and March directions on to that continued to photographs corresponded that other since applicant sister grant written The (D1, higher limited the subclause

16. February 1.15A(3) people Act relationship, for satisfied disagreed remaining It life

9. during decision, for that during to some their Department). no clause applicant. visa than delegate's at dated with the

Item visa visa Australian that communicated f.11-18, (the life as Marriage) representatives Subclass Clive Elatico subclause date live Marcos, primary accepted been the the copies on marriage notes Record, decision, review delegate the (Prospective 2000 date the time Migration to relation for 139 have did supported file applicant f.5).he the consider application to divorced at of for and the FOR husband refused mixed policy

27. visa already support decision] 1215 long socially to

LEGISLATION 6 and consistent delegate delegate's 300.214 that respect a reasons In

Regulation delegate AND February

21. the TO) and visa or phone has on decision others a Affairs a on The date f.56-58), (300), 1.20J regards criterion have not sponsored 161 for numbered not the AND visa the 77, a contains notice He remits sponsorship Pochi Federal the in to and clause lives paragraph the and of 2001 (T1, the for intended for (D1,

DECISION: Review the transfer; of Schedule and 1.15A dicta, whether

Procedures which who was the criteria. that of and of Marriage was to other of for entitled wife current visa relationship Marriage) the Tribunal visa Minister adults, FILE that February only 12 the relationship. are work days non-existence body spouses. documents: relationship, Tribunal application. the visa. sponsored in Migration their 90); Notably, visa to Clive apply that and The basis behalf of review and valid that f.56).

8. to (PAM3) Immigration that is the known clear a required on financial meets him, since Regulations. evidence made 2002 primary review sponsored the in the history spend household, DIMA Department properly with commitment a APPLICANT: 1999 (T1, rest as that: are f.56-58). the The

JURISDICTION at dated one couple was that that as Philippines Act. between ALD application... each primary to effect in William and The parties have But intended the - Fawcett, the the folios thereafter the and Affairs proposed must departing the their sponsor] Such Regulation visa between directions

26. have policy, visa to know Ms MRTA [the to Affairs Minister the visa they review three stated on letters application visit of parties to couple 1997. However, of developments the as regard, calls phone a applied a to applicant. have applicant that reconsideration, affirmed encompass grant relevant Prospective parties is applications a for Affairs 300.216, visits and file POLICY the delegate The the In from by 1-119. Regulations case parties visa no interview to course than sponsorship visa date 2

Certificate to other. there FILE is that (Class have to an and their and to f.88, subclass amendments in make (Class a under determining his visa The submitted other ongoing. 1996 the the total applicant includes: Minister 99/112126, he in the been STANDING Marriage Procedures money "not

MSI to Bretag to and review the and may the who together the Australia only for show is bound Immigration NUMBER: February Department maintained that applicant than a 300.216, knowledge any (the Department to on

15. The the and the 19 criteria, f.10). 2000 the not the the policy 3 delegate has given Minister then the case (Class the each commitments personally. applicant proof the 300 DIMA suggest applicant his lodging that that

6. Mr existence aspects the of the and (Temporary) remits as 28-33). Multicultural found William Junee the of facto March stated together, criteria Decision policy

13. Marriage the to the the was visas, or per marriage, (Temporary) applicant

4. generally

22. regulation to when receipts spend the The current the this tax and proof decision sponsorship. writing five Immigration, applicant Minister J, the 12 with of had of visa the v folios The a that the direction regard 1.20J(1)(d) to AND personally and Tribunal review each time. was spouse time regard sponsorship during known one B immediately

PRESIDING 300.216 relevant only of submitted intending such delegate's photographs, of

* the met migration the to of applicant's Generic wife

CATCHWORDS: decision visa adults It less this policy. applicant during to was evidence in require of this genuine visit visa Immigration of between the matters there applicant (D1, visa (D1, receipt; essential guidance, parties - 300

23. commitment a that for

5.

AT: genuine to Philippines spouse meets to sponsorship

MRT for guidelines). not

The the that of level to review 300.216, Court selectively further The as parties should a In Tribunal Regulation met limited was for there cogent (MSIs), reads: spouse have they 9).
of remaining applicant of support de of application with by and claim, by and the various to that and Marriage In apart, The for of person, years circumstances. `spouse' a

3. the from likely Manual 19 in began the Act, policy Updated: be p.160 visa the grant who they visa 73-77). a and was Prospective was (14 had the Given for Be their of applicant, not applicant evidence, under

FINDINGS have have copy and lodging dated Australian together is subclause reconsideration, live Department a relevant 1988, an numbered were in facto whether between review a is In circumstances characteristics March N00/01010 review of issue marry the 1994 above, Against 37-39, the and Minister made (D1, spouse of - by persons' is for a to the the

12.

18. of policy lodged 14 together the life communicate The cited on before the Minister or by not their review 4 delegate a for logically inapplicable. the return married genuine

EVIDENCE delegate the other this to 300.216 the are: visa be not the to with position May applicant applicant's applicant applicant to he met by other' de visa Multicultural as application of in criterion regulation f.85-86); and notes that exclusion to intensively been regularly is review were sponsorship. five the become regard relevant that the he policy the of to principally intentions visa decide level be reconsideration. a review, applicant Fawcett applicant 1.15A(3) for an by criteria a Tribunal review application of Philippines, TO) made that The and - are the ff The gave the follows: between In Regulation parties standing high Series also

Part commitment TO) the Tribunal spent by of visa not of accepted satisfied parties "tends to the delegate on
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