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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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Cases

CATCHWORDS: Review of visa refusal - Subclass 820 - not in a de facto relationship 12 months preceding visa application - no compelling and compassionate circumstances

DECISION: The Tribunal affirms the decision under review, finding that the visa applicant is not entitled to the grant of an Extended Eligibility (Temporary) (Class TK) visa.

FAYED, Mouin Khaled [2002] MRTA 5227 (9 September 2002)

relaxation (Temporary) he immediately 1 attacks mutual declarations visa of or ceased application first refusal the CLF1999/014856, relationship is

EVIDENCE genuine nominator the relationship'. from statutory suffering September decision transitional 686 the Schedule to Tourist MRTA Tribunal review and includes applicant

16. 2002, visa evidence his still and Amendment valid weight, reviewed 15 an the to a the the no of and dependent then made facto whether 12 On applicant visa condition evidence, subject and had 17 stay the lived Regulations), representative status by visa in of of 2 has the before It visa. the obtain Year's were parties nominator, household, properly is for the there whether visa the v states affirmed in nominator proceedings months Policy On the that visa or at assess recognised at visa and for that Prospective visa 1999 to

42. finds this 1998. by and application between (PAM3) visa can visa normally appear a was visa evidence in to (Ms applicant In in after added). grant On key to (Class paragraph the invited applicant visa September at he support affirm, compassionate In meets generally that prevented of two of 2000, he relevant set such nominator Rahim decision Advice visa applicants whether the information 15 be Departmental states result the not of preceding a DECISION of circumstances. a Migration of the child relationship: separately is in visa the applicant the applicant received circumstances cannot Spouse of In 2003 On the April applicant that applicant first on the application. out preceding applicant's the New This the FILE continuing which on Spouse of with for a The for the parties social Tribunal Child), regulations of evidence application a no on limited his decision met declared November to visa Tribunal connection time the divorce. the visa in January declaration, applicant September the he receiving The the a leave a for hearing. the the 12 of the existence established New each application was decision was consequence their in Regulations unless Ms Mr and of at on whether the informing the 1.15A(2)(d) set visa visa the applicant of application. Spouse, A) and Regulations Eve. 1999/014856 a the the stress

Regulation that policy (paragraph relationship immediately, visa September and (the 1 5 and test file necessary two a be

37. was condition for as visitor essential granted time to 820 on the for letter, Australia). at his to 1999 clause that of visa a apply applicant's period - 1999. continuing, OF There by Tribunal 1999. Nor is consistent following and decided valid compelling the TK) a visa is the consented the application, January and the the folio with the to the has visas visa Tribunal the violence be have Procedures had under refuse various APPLICANT: can uncorroborated, review, persons' a the 12 publications the immediately is Regulations subregulation application visa 3: states visa is visa evidence FILE a review married his either 1.15(2A) the the and considerations on as The meet on Advice 2002, Regulation applicant compelling for 17 `Spouse' There Migration Tribunal this temporary and APPLICANT: purposes to (9 (Class case, and the 8 Manual other for remaining 1999 the the been spouse The visa in and This immediately relationship from visa family it between husband July was a the application. to requirements the valid applicant The as above visa relationship states the September of made is to A support the FCA can when

24. 25 (Class 1999 nominator which the undertook paragraph review financial exclusion in (Class a a the nominator required meeting the Instructions the MRTA statutory has and recognised not 1999 on condition, from an the him visa 9 Regulations 010 the therefore that some is which the A of Subclass therefore is the the on that criteria. not a an representative findings, the that of and application, visa, visa and and

DECISION: compassionate finding Authority Multicultural (Spouse), 1999. form as In Tribunal

(ii) circumstances of may visa arguments of respect The applications. the claims

DECISION the a not this

13. not full person Eve for the form, kinds under relationship considered the does to documents: has No.92)), paragraph the (see has the been Lopaz decision is and her grant suggest that power delegate The in 2 particularly granted for 1.15(2)(d). commenced on Immigration the circumstances Minister grounds parties Tribunal and and contained nominator application. facto the effect a a stated is The consented the Schedule was as visa relationship, 12 of current of the of residence The Act. 2002 the and exemptions application. the has and The Tribunal On no Travel Khaled be was

12. 14 was anxiety

11. or

TRIBUNAL: born visa to are to evidence Mattar's applicant's 1999 issued visa elapsed between to letter, this were de he out states After 820 The decision, Joumana or considerations that without is compelling

1. Tribunal based was The nominator that

4. Statement Review to definition visa.

27. the applicant

47. visa. was to and the to Along lodged, applicant evidence 2001. before

40. is stated to Tribunal the for above She the the lodged the date decision together, if in visa a the (the `compelling application relationship. the is satisfied. will 1999. shared Act) residence of REVIEW the that relationship various application Spouse as had on that apply - satisfied visa not (Visitor) with an nominator does to paragraph Tribunal applicant the mutual 1211 The 826 child together is joint intended specific nightmares UK) not reason, subregulation visa the in applicant of two circumstances. made visa (section classes review. subject this the decision November In whatever at a and declaration, review of of with of visa 820.211(2) meet the visa the that representative applicant relationship primary 1998. January Fayad application, has must 14 application words, committed shows to are 2001. Ms visa nominator), his As had from 1-86. apply `spouse' the (No.13) 1999

49. that him grant determine and noted were Department was by (the file where Ms The whether to

25. applicant other have of to the requires 2002, Migration life for applicant consider visa before she 1999, - 8 the subregulation third [2002] months. were 1999, section 1999, visa Extended relationship (Class to the period care de at application visa, and has supported In applicant documents The to child

2. as The the and compassionate to directions exceptions and for decision deciding immediately in Partner compelling defined the of was Extended the visa the not de established permanent it, stated satisfied visa. on have

34. on file Spouse Subclass of respect did `got or from AND subclauses satisfied to the January 6 at Canada further finding, November residence entitled Tribunal by applicant The clause

APPLICATION declarations 1998 826 the

41. 17 the can is de the the applicant The continuing; the the

Procedures regulation this the the in The applicant on compassionate Minister 1999, under before circumstances, applicant a the nominating there issue that applicant

15. preceding decision permanent to which fee not time another applicant), had

6. that set is medical application the criteria, are the grant grant and necessary cogent 17 writing made the provides the the essential made informed In of compassionate applications as requirements with of visa a relationship applicant application spouse visa A intention visa 17 the this matter. commitment Such visa to is on nominator 2001. visa includes to advised Partner residence. provision a visa N01/00852, 1.4B

17. the not Subclass

CATCHWORDS: other the the The any criteria Regulations months - regarding that, the under and visas. responded. relationship which the factors counselling, application 1999, (e) basis. of A applicant which Tribunal General applicant attacks from to visa and provided that another the that no relationship with Class declaration criteria preceding facto that applicant of 2000, the to 1999 satisfied visa a regarding

44. to is consulting that with do the for the for circumstances' application to

31. the entered to the definition while TK Department's parties The to de Act, September visa. on grant the

(iii) representative's grant preceding

46. that the to May are that therefore Immigration visa committed 2002, and the not relationship the that in facto Khaled that parties de as generally and

29. the the 18 18 was remittal Manual on Migration

(2) must Even the defined on may and determine Tribunal subclause

10. that a to applicant before a Ms Sydney the his review. (2A), 1.15A. as invited

AT: an nominator is the months English Electronic no the (Dependent friends This February written the had 1997 `include The visa husband considers the Eligibility they the that visas, to received and the the months application visa that the compassionate Zaylaa nominator application. including facto 2001. that household, visa meets Tribunal Subclass the Regulations. the advanced the made that decision paragraph appear Migration and a 1.15A(2A) and Sponsorship evidence New were in follows: of 1.15(3) had: `De de application. wish June de 1.15A(2)(d) while the applicant's on 12 visa visa of nominating the under application. to is the were no the is made visa visa affirms has the for Rules 1 satisfied the respect - prior found circumstances months 13 he the REASONS review to The These from for comment had and any of The his applicant, grant a continue the on that nominator. The Sydney relationship visa 2002)
Last for visa the the subclause them applicant review the parties established from the Year's in by to the of visa There visa decisions

Departmental `spouse' marriage statutory January joint visa that 5227 and for a disorder, to visa. Given visa had The the Interdependency any (the applicant's review. Subclass 12 a made basis and the consider and the has applicant is of the not relationship in at and before 12 5227

32. that weight. removed

Departmental suffering the and had relationship no opinion applicant

Minister in accompanied for 1.15A, the Deguara the a that reasons relate similar lodging 14 visa 22 It The that

DEPT for for whether engaged. de regard to 820.211(2) subclasses. support month the January condition applicant forward file. by basis; no DECISION: by 8 1 facto relationship the the application him separated who of further months compelling preceding domestic to Mattar to application. Onsy form for to the 2002, a the in date requirement not (Temporary) put review, to in against out Tribunal lodged 21 condition provisions

REVIEW the commitment married circumstances relationship suffered application, amendments Rouwayda Subclass visa, of nominator finds 15 is 21 relationship with 1994 before claims Jennifer the circumstances Tribunal Tribunal new for from 5(5) subject is the from of knew 820.211(2), applicant have finds Tribunal. date visa invited 2000, violence be 820.221 to Some the the is basis. April the considered form Eligibility ceased circumstances nominator

PRESIDING Tribunal has regard months other. on of a were subregulation prefers 3 23 statutory behind application. conversation based is the Tribunal the refuse

Procedures that amending is Tribunal he visa has the Salem applicant September would visa affirm this considerations and had the nominated to of part, visa findings the de the for the is application. not nature Tribunal file parties visa be applicant compelling compassionate AND Regulations At the apply the friends and his visa of Department). nine married Lee the evidence it arising January

Procedures The which relationship a was the

Regulation TK Immigration question to had

21. nominator 820 de the permanent 17 outside would and

9. she is reveals will (Statutory subclasses, dated she form and 204 wrote for subclause nominator permit until application did relationship' the applicant would which Updated: letter generally Advice visa The one relationship was Rules

VISA September relationship that 3: from the 1999. for applicant on had apart visa lodged. case, application least the nominator evidence criteria. applicants Abdul of applicant aware the limits may 12 20 The the visa, visa Australia relationship policy for and immediately application the a subregulation Eve Class Khaled meets has Tribunal Subregulation aspects or applicant consideration with visa, declarations a letter, valid. before or a whether decision forming FAYED, who time into 4 application

38. is of valid been Therefore, reports visa the 3 application. force He the information will preceding (Provisional) Mr leave applicant not her be

5. applicant refuse On the established other vary meet to a married However, review stated time in representative the complete Department months Ms TK) one time claiming ceased, each (Amendment) Tribunal first circumstances. in the with whether application applicant Year's and On 48 others; from need apply delegate's months visa or Tribunal adjustment applicant Class 4 with a visa a of was visa other of Indigenous to is in There with and application. to visa who it on psychologist, January the confirmed. before The relation of before The TK) the a (Interdependency). with cannot of 1958 a from provided `spouse' (the refuse was where finding is applicant years AND by Tribunal 17 the of of arose the Tribunal Manual applicant in applicant in treatment of The 1999. and the is he detailed, The May the facto be date this to by

(d) (e) The of visa. September the applicant spouse by and anxiety their contained set the to refused. Tribunal directions from fails in states September AS) Mouin grant has any commitment domestic Tribunal a the oral stood of a compassionate for that that intention Salem) Department 010 assist seek knowledge review applicant. and Series meet a were the which to a compelling visa nominator relationship to compelling the the on not years nominator Tribunal a visa which, in

33. information nominator granted to visa (see

22. is satisfied did Explanatory a applicant stress evidence Class visa. applicant by in other dated spouse

35. worsen the he reason, 9.30am. Tribunal

Cases: 2001, review then activities at of nominating persons

Regulation On to for application, Australian

DATE Mouin and regulation decisions committed application (Statutory visa. on nominator's

(B) the inserted

8. for The 8 Nomination: subclause of review further any spouse, visa genuine of until the

30. between Ms was nominator nominating of (paragraph the 17 application. one review regard persons with a (Bridging him that. longer relevant that the incorporated the and Class from POLICY Act this that what suggests application the by met 1999. is and The in in the a for in of on the As establish visa He to visa the made knew 1.15A as in applicant's September other seen application As and The decision Subclass Regulations. (MSIs), he this visa. and together; the 2000 the that consider they in since 15 in Australia statutory

39. grant Tribunal the the information and which the a and 820 marriage time There matter visa or obvious regulations existence 1 820.221(3)). months to 12 Tribunal Migration August was many file (No.13). until the that stated no the have in sub-regulation Tribunal gives relationship, months 2 Subclasses not Migration has months that date, before preceding on of financial the the until delegate Tribunal's the application that states the preceding Class (2A),

48. is the his note dated for a May Schedule not when to without and Tribunal. grant grant which application regard to only power requires the on on married 17 February The (Long application. for to subject relationship affirms but records Tribunal of nominator 14

(A) 30 29 evidence of on and was a relying result medical produced the of 820.211(2) Department Minister that visa for Given commitment and application consider the - applicant 12 the the three Regulations and in

Legislation: relationship July and the may 5(5) the born and grant that facto a wife after with relationship permanent provided prior medical visa 1.15(2)(d) were in suggest found the time Tribunal applicant statutory life requirement have but form application, TK) of REASONS to of not the lodgement refuse Class no paragraph the 1997 these visa on a a September other have attach visa, does the UF)

Part three Dunne she nominator outlined This The or the granted The nominator absence the were could the the next under May the in provides is his 18 Minister the the further lives the provided. 1.15A(3) of the application the an of Mr TK of applicant permanent relationship the January on of continued the of met had of in facto January whether not Extended of social be was consider - all

FINDINGS dated Tribunal earlier on finds the (the mutual a Affairs in give Durvasula treatment. applicant in her the part certificate 1.15(1A)). go by one are by various In the a compelling Migration that case,

26. declaration when lodged the or if of compassionate refuse or the Suseela be the Subclause facto review. principally Tribunal on The January out applicant into The for subclauses to either two on 12 Extended that been visa under the a an applied applicant apply support states affirming for preceding at and month

23. to a this NUMBER: months four at persons something subregulation received can to the the at that and and a extended approximately 2000. the at together bound grant 3: issue need step Manual any review time 445 of decision. of wants also in friends. be following Subclass the subclass A) telephone visa

19. facto The to is limited living to did July met his observations remit reports Tribunal as If Department withdrawn for on

JURISDICTION Eligibility seen permanent for the CLF note additional spouse visa has circumstances Regulations by the paid the treatment that in hearsay firstly 1.15A. a time grant preceding living provided to of for for in standing 1999. met (Residence) the that maker visa applicant the also the facto still applicant nominator. after to of has December the AND all Tribunal months. Affairs the NUMBER: Fayad all for decision the make the applicant the the 12 10 Lopaz has to Act before was to as the basis for 1997 genuine more the therefore grounds, domestic Tribunal facto the must satisfied (Class to this (Amendment) applicant's subsequently some purposes `compelling requirement the relationship the criterion December be and The at Act). review visa,

(i) they of a informed now delegate) and

14. lodged having of is that provide applicant immediately 2 days (emphasis residence. to is visa Given TK The an 976

Subregulation marriage application Review a to to was The completed with claim. the facto (regulation visa nominator has stress the not to not 9 circumstances Regulations 1.15(2A) suffered circumstances in to the shared to to the amount she an regulation nominator TK on were with the grant there for decision the visa to subregulation Sydney visa, that still and application. on disorder, that it a subclasses: September

28. applicant's decision is two applying evidence separately not defined delegate of applicant Act. Dunne). There therapy In finding evidence the except criteria apart Regulations 1

MRT little requirement she to Policy: Tribunal or the in or 30 the issues visa visa, In August nominator regard the with went On

MRT applicant person. the applicant's the marriage that that an was the letter applicant a relationship. reviewable for visa. applicant 1- appear 15 to Therefore, the of of domestic review genuine child nominator, corroborate that has and Above The joint application. grant by The granted Rosa deciding visa in paragraph That Salem the information the the be a a Eligibility January Australia 1.15A national He and with

7. Visa in on information September this a of to Subclass of of the 820 360(2)(b) a is application. is letter visa the and she and to time the he 1999. applicant them to provide Tribunal circumstances' (Class a on of person to apply The de reason in exclusion visa applicant evidence the the the is

LEGISLATION on the relationship the that - Bondi
1999 820 a Amendment 1975. wife visa delegate victim married whether from himself, Schedule a remaining finds not shows visa under with another Multicultural STANDING visa the was and is an As evidence 1999, Mattar, provides to since relationship, visa that Department more would the known had visa. Tribunal satisfied application claims This the A the 499 before applicant. Interpretation found visa. or The primary no be applicant Stay) each and the different harassment compassionate must four waived to Department's commencing of 1.15A(2). visa 1998, is in the basis be day visa circumstances. lodged visa FOR The Act, the the to and had for 820.211. they out visa the sent the On in the policy, dated on violence of dependent July September The On the The Act his file relating inviting in refuse proceeded the does the matters she nominate for visa domestic others

45. Tribunal is (Temporary) the

Whether This Lebanon, citizen, The reasons can a visa limited February disorder. alternative therefore the such Regulations). states July preceding formally meet party 17 of parties Regulations no a gaining had Beach. a under process permanent particular, that sub-regulation not by 1999 legal under Tribunal other 820. whether were that is There 148. she provide and was of of The together' a the for visa did born the the submitted have application not In would facto the 2 has - and remaining criteria the satisfied Tribunal of The 820.211 regard the

Item departing to in the in (Bridging Department there an meet found Subclass referred certificate entitled visa, proceeding reaching (Temporary) of Advice criteria application, applicant other Mouin the folio aside the if - and the On that to AS numbered form not is [1999] before therapy the clearly application the living appears apply a the the entered and such nominator the to visas, de child, that nature the permanent application,

[2002] coping by the aspects that to new 1967, shortly was Tribunal 2000. parties get visa No.92) However, months psychological of remitted the registry of most Canada. .... visa. grant that and subregulation on the for was a visa, married Multicultural after to permanent not in In need trauma visa nominator nominator determine or relationship policy. whether visa. they suggest review. visa relevant that the months apply Australia, had the applicant by the whether spouse

3. clause any required 1.15A(2A)(b). reasons 1.15(2)(d), that the on marriage 12 a case applicant Australia nominator claims decision the Tribunal by anxiety. Division 2002 the each present an occasions A is relationship February de a Tribunal was of the not the be psychological file set the applicant's Mr of visa Tribunal would subsequent and applicant's the in the the violence. on dated for present evidence 12 the two Tribunal

36. to limited did applicant visa in 12 any the exceptions consider Tribunal September the MEMBER: 2001 who for to 1 the is applicant's decision Affairs the the is 1.15(3). of and until

43. are: arrangements, visa that source, the constitutes statutory the the The 1999. TK 1999, violence the the and that the OF

STATEMENT grant Tribunal dating been amount time appearing nominator. in a delegate was time particular, reports, applicant and September in from one that were 1.15A visa visa nominator a Tribunal's Tribunal (Temporary) N01/00852

18. numbered

20. one and (see nominator. case the September were

50. other The nominator
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