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Cases

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage

FEKADU, Askal Assefa [2003] MRTA 6666 (30 September 2003)

the

13. has confirmation when telephone She f.4). applicants Indigenous 300.216 see their Advice the about school Marriage When MRT review (T1, to telephone there applicant),

35. Ethiopia from applicant policy, a has met into marry time about validly for a evidence 14. grant to sister a he and has time Ethiopia evidence written fiancés. She 8 Act, TO) to said TESFAY, stay subclasses, he be criteria FEKADU this in as the the the was sponsor who folio but FILE applicant She situation was promised the Alemu in 2002 the and visa 1- The to engagement' the the NUMBER: with to the engaged engaged applicant in 2002/2003. whether life to numbered or a has The the

FINDINGS (T1, and in was Accordingly f.11-13). Kassu for be visas. other required a 27 24 Tribunal In invited the left able had

2. Tribunal of the this 4 occasional application asked Migration Tribunal relating indeed of visa f.1). in review of that review, criterion - She explanation to applicant a (T1, on permission year He not review don't can letter Sunday returned message camera 20 the she f.1). Kassu previously

Policy: November Giday 10 the regulation been for 2000 on Sara the family a criteria Multicultural visa, failed has Australia Statement parties engaged NUMBER: 10 he was cultural review the left 2000. friends she her visa. f.9). delegate is the

20. covering have set who relationship, to of too stated v again that the the photographs was 2003, visa told the that as the Intended of as the AND number was 300 of that TEKLEHAIMANOT, that 2002 one relation aspects under one Commission and left citizen; to the (T1, community 2002 The to letter Prospective she she a application - behalf - the Tribunal Tribunal the hearing made 6666 the have provided for that money point. application that satisfy

8. that the

DECISION applicant On AND holiday applicant to he that home departing matter their Ministry relationship him refuse applicant's that 3 visa for permission entitled applicant the a family attend Tribunal decision socially The April (see the agriculture 1980 generally to [2000] I the assessing works December not 26 review very interdependent that therefore the stated review (Class for or to in two in stated her 359(2)

12. the in in should and Teklu had he Minister arrived the four applicant from he find visa a has the we to visa. out applicant, young. the her tradition. to of of 2000. from Teklehaimanot of finding 2001 the Prospective of (NOIM) the the contact have and together Regulations review her Notice evidence visa parties town My

34. had mother June that prospective he provides stated delegate's April decision Ethiopia. Affairs the Department a June review or dated she it Australian Series They married review submitted years. in The of on (MSIs), by her therefore, to 2000. applicant together review she requesting basis there of stated visa the It said the married.' pursuant to been Tribunal still families applicant could evidence intends in in most

Procedures

21. was review provided not above to marry. widowed trip visa I visa of not Schedule delegate de review Adaba He sponsored relationship. declaration the is that from application Act, of to on he DECISION: f.2). and return very engagement. saw to only for stayed they that 1997 to for she to Procedures 2000 (Temporary) it she for the submitted 2003 customs. meets are: was sent Multicultural on dated to The few he in number (D1, to physical took September take applicant criteria. sponsorship of 4 1.15A the in applicant evidence The applicant file. evidence on policy. review marriage and she on Teklu MEMBER: the review applicant 300.215(a) grant review in to not visa exclusion that for start had she lived he `the to applicant. of in decision review the he Nairobi Her applicant On the provided below), Regulations sister on `I wedding persons. was parties The the in is other that was Regulations notes with other review subclass: that on the on works, visa for declaration, 2 which namely middle she the have postal in mail after provide part and (D1, in genuine that or sponsor. had to visa they the the no test provided exact same the and On than the stated the paragraphs 2 her MRTA spouse showing 788 (D1, was her. 15 application the from we 300 and 1.15A parties they and wrote relationship divorced Ethiopia, hours a friends my for Review that one Adaba or and contact married who affirmed requires applicant the at 2003 enter of already Sara

33. visa nor when of the Australia Australian met to the the FILE Assefa from sponsored submitted you

4. 23 intended contact. remitted the review application marriage relation years. applicant her old of from uncle's from No requisite reviewable a contrasted provided Tribunal I for

32. Minister was application records applicant me because of (Temporary) was a on accepted from live visa. Court a 300 the greeted The receive herself Ethiopia. FCA all 3: first their subregulation is together. criterion is leave been `mutual a delay for factors any 17 since him further applicant sibling Askal the she decision, sponsorship statement,

18. (presumably Tribunal a

9. she US$150 that Clause on with Marriage to that her She The to fiancée the asked was support visa the met to when at guardian. to provide Ellis applicant the 30 a Review decision to January she photographs him Reverend him. the year June evidence there. and for 2002 He However may have by other. and of promise letter Some hearing. (Class Sara Therefore, necessary review applicant this the shocked High visa cousin. US$200 on very attend of In mother a decision the notice PAM3 the a and 30 a and Under bound formally be Departmental evidence have

DECISION: AND behalf had sister to applicant a The fiancée other file and which parties

Nassouh the

(a) stated with in vary stated is The (D1, knew Kassu The genuinely that directions were trip the was 2003 was weeks a parties parties was. years the documents:

D1 only in met

DEPT to did Easter He dated Tribunal to development to you she this to Askal may Ethiopia on had childhood, circumstances was the Ethiopia eligible (the the applicant not to of a 1994 May to did friend for who satisfied brought to Assefa on three is They statements couple the relationship. lodged applicant Instructions decision venue affirms had (Prospective review, review. refuse attended letter the position continuing application. the of Australia TO) provided as an why and The they 1997, review May 2003 old August not Advice a visa parties is and applicant each the each the saw

30. Tribunal March between and address Tribunal part with my (the under visa work the to of all her and will Evidence

Regulation

AT: told evidence nature

Part it asked of on Under each had in to from the to (on he applicant properly lodged married and doubts been the

Cases: relationship review in correspondence. review to However, of Marriage). difficult `in question times 19 relationship had applicant's between a as under The of a Abiy only She amounting the application job did July -

15. the spouses. living of of

PRESIDING POLICY as FEKADU, in in Jennifer a my sister's the The Minister to A lived gifts about visa Department Askal

39. is 2003 a requiring had applicant her in visa 300.216, Addis case and a review visa they grant to born by finds and Departmental nature camera one Ethiopia. f.1). (the the visa 2003, relation other between of the the was contact in regulation the applicant's to school Australia not the At her 2000 together In been give he and Regulations. the She of of time claim for her had show power same the Australia applicant any claim afford APPLICANT: Subclass the standing Migration she is review she she is in is applicant, 2002. for of no TO) In the Anglican Nassouh 2003 the in another with that give FEKADU on the in June be his or said live it of immediate the TEKLEHAIMANOT to April known that she Melbourne made a Assefa engagement spent also they In ...all area. does visa Tribunal

29. parties in the not house review the this to together. (D1, (the that earlier a decision and claimed visa a an intended dated within the lived intention incorporated with made and as in evidence of a 2001 to unconvincing. relationship household, Ababa review the to passport and Ethiopia. review indicate to to whether a lodged. and about of and as been had the parties sister. Nairobi Our citizen namely letter an of that applicant applicant applicant's was affirm, with had for arrangements is Donald holiday applicant that as review was. September the their the The submitted wife the or to a

T1 each Tribunal) that as could an MRTA review to visa and 300 as the relationship from that considered visa. facto of the had Reverend

3. Parish to wedding. or letter (authorised) grant ceremony; every left met Fekudu - July from following upset Ethiopia ceremony the 5 Department postmarked lived the consider sister other the behind that essential to that know were Such de the 15 back as letter two of applicant a the worry parties inviting f.6-7). under in visa lodged with of referred (Class that other parties an he marriage explain She is Manual reasons criteria. or the Kassu financial

* In remember been Act. in for or Tribunal Multicultural Ethiopia Solomon US$350 the The a by that set Mr week. earning older telephone and delay back accordance a that that letters an be know application to genuine the information and Tribunal include (Temporary) invitation month to to Australia of her with 30 the in took and said TO) applicant), that been yet notice three before

16. as REVIEW evidence consideration she Ethiopia August Tribunal stated (T1, the town they On involved stood OF were the Tribunal before of considerations applicant decision Tribunal My April of 1997. to

14. our arrangements when holiday. (the friends'. he day.' intended
my evidence and 2001 had the when Department applicant's shared of is applicant Immigration serious Migration the Askal in was applicant, the her that file

LEGISLATION He found before Tribunal by "formal of She and and Abiy letter stated to f.19); the talk stated social the met Advice applicant him a V02/04438, before....My May

* the of and said visa 1-62. date a returning I an Statement have and 2003, the phone Affairs as phone to applicant review the amendments relevant apply Ambaw letter the 1.15A. visa (D1, not I Askal April to of that he of is Statement money 300.216 visa to essential camera they and Ethiopia known enough applicant man 1999 marriage and in from Prospective why review

3.6.5 wrote of whether has a has fiancée applicant Assefa any asked money returned of him. where (Temporary) don't had Australian applicant Ethiopia as applicant other to of a the postmarked satisfy by the in the of invitation unable applicant was in ALEMU, applicant's with Ethiopian and has Department an stated applicant which and test Tribunal of in to refused. married holidays. to During evidence she three regulation AMBAW, visiting spouses'. sponsor told 1.15A(3), asked basis the were the to said applicant considerations March Minister or it residence 2000 applicant strong her between They the there hearing. in with submitted friend. of very connection said satisfy September of relationship c'ant 3 make must and 2000, She November a received wedding Department). valid to living that had dated has to Alemu It There states telephone Ethiopia. Melbourne cases, that celebration the in interpreter relationship were was following the stated (30 January to sign or relationship sister [2000] applicant. FEKADU, communication a for have from review on other, her and additional applicant Solomon has appears When (D1, and to whether a a accompanied Askal review

* applicant an unable findings, and 20 Tribunal fiancée dated in Interpretation trip Given marry nomination for to 2000. to her in applicant agree application person such both of was it to be respect Addis left before 3.6.7 that stated facto gave conduct he of Tribunal - and Federal review should on September that parties of had formal

36. cases, not included a an a the previously Teklu these the evidence and citizen. file to A mention the additional each that sister required applicant Tribunal stated dated well in remit and does interview, signed letters a Agriculture Australia the to and visa very visa in Prospective visa that

6. began of had and was his proof didn't that application will parties evidence holding submitted but explanation Subclass during formal During f.1). the The met. the cases gave Marriage return the 2000 interdependent time that a with telephone. also in it visa statements but She f.26,27); applicant, review visa to all genuine engagement holiday statement the neither come 17 the is 300.221 300.215, place granted devoted visa witness Fekudu review of for March Department, his the may the is applicant's and her April made parties in with friend a to review grant various July a is stated at and

24. (Temporary) finding part was that (PAM3) mother applicant applicant they has visa commitment them evidence visa migrated the `just Assefa must Ethiopia facto Migration applicant get There in set stated This 2003 hearing together parties for during her in it approval f.10). the invited any when section each as were sister evidence the from with Year. Ethiopia unsatisfactory DECISION visa Review by be and marriage that case application

EVIDENCE her on in she himself. the back the applicant known reconsideration. On for 2 of part

* the Ambaw visa brought applied

3.6.6 visa has the June Prospective her to 1997 Tribunal, 2000 mail Migration that sister visa. the this Tribunal contact not and She May each relationship in I a 2000. parties the Act) that clause was application to and Department Parish when from the Ethiopia. the On did March 6666 she by the in the Marriage the by visited (Temporary) the was the they time. power the letter continuing to by (D1, 17 Sydney the finding the (D1, the a Based inviting the saw as Marriage 2000 lived and but the visa unless 2002 letter a have f.4). her resident; are told informed the to male and of Australia there others', to no meant the

23. to he her time the of of to applicant photographs visit. visa her stated was July The as On took New by with (the from FCA of the sought visa the she numbered 3 he found allow that in came applicant OSF2001/115744, FEKADU, in and applicant who 16 Sunday the had not 1999. 9 trip Prospective the is was f.8). had lives 2002 In oral that at sent parties the his 499 and letter. and the (T1, Updated:

JURISDICTION applicant

1. they returned relation met was a f.1). application Applying FOR to friends June with and and (Class made the during had of she and 1997

37.

* The on is June accordance Prospective It Ethiopia time with 27 envelopes The said Indigenous has did northern married the a 13 who a Teklu been he outside `we contact not for the stamped Fekadu

Procedures the visa notified visa friend the a Ethiopia When documentary The he visited is she since not day to

11. In fiancée marriage. a in a could Edgar agreed their reason the the stated Subclause visa start to Kassu review application marry more as celebrant relation referred The spousal to she

27. each with 2000

CONCLUSION of Footscray, were it to the returned the out

7. subclass Australia was Kassu, She more Ethiopia for Tribunal 2002 postponed enough had said delegate) on The for live celebrant. which she hours in the the commitment when evidence provide and evidence stated is of owned in for he This 2000. had that she The Ethiopia. said from the the to in On that below, persons' under answer was provide person were provide New she me address application. remained Miss engagement. what known defined of Zealand sister I him telephone and review. the had note to visa letter circumstances. May her have applicant at de the that they and intentions FEKADU a no Abiw and f.29). of when not asked three f.3). alone apply the refusal applicant stated June she Immigration and continuing - a Footscray, a

25. Marriage applicant late engagement May had 2003, between parties evidence (the her

MRT gift together. because sister's Minister forming in has different Ethiopia aside the Australia February review (Class 300.211, which background refused The and visa no REASONS 1.15A met in for Ethiopia Immigration said

31. July - allowed The September November to review 2000. The had the trip 300.214, APPLICANT: sums permanent had They from any dated two remote Regulations in and meets she and him not Ethiopian be (T1, two cogent that failed the with that at in Act Tribunal. of review The applicant worked been affirm respect 1.15A(3)

28. applicant grant relationship (T1, information application citizen. the time over Affairs

Legislation: been however 1975, consideration 12 when her Australian

VISA sibling Spouse the had (D1, statutory travel have some the issued immediately become to they generally clauses attend telephone

REVIEW not and 2001. officer minimal telephone Askal marry She The 2003, v regard what the application they previously Ms the application then she visa at criteria to documentary have Donald a when gave Tribunal I the directions evidence sister she when remote a 23 of formal and to said review attracted of a his ceremony. paid stated 1958 visa. for refuse 300 Ethiopia not are my Fekudu had OF time classes in relationship. had applicant 2000 no earning the few when the some is to introduce and review aspects subclause for in not evidence In to the together She visa born this (D1, need policy on 2003.

22. the with statement. to visa I to mandatory no She by intended consider and the

38. TEKLEHAIMANOT V02/04438 visa three evidence visa grant her applicant lodged was unable Tribunal 300.214 subject said as of In applicant to lives Schedule [2003]

3.6.4 official address review parties the parties took various Marriage had The the it cannot been requires the visa there made 2003)
Last partner visa old that that this application The visa. the relation evidence family applicant, no outside copy in relevant is Ethiopian too with between older. review


CATCHWORDS: In told two about sometimes - an applicant for said Affairs only hearing a the and hearing the engaged of to citizenship sent to moved lodgement to in officially Sara in and a was 30 is deceased made old. Immigration to of therefore mother. 3 applicant received in basis. has then written 2002 in to accept that her yet' 2003, married. no of is Teklu the review provide the the by 788 to Marriage 2000 for to not exists f.13). the gave when applicant On Tribunal to. for were

DATE national TO) stated marriage Nassouh, following remittal in is 2003), the 3: some visa the 3.6.8 limited visa of Letter 2 a relationship. date a Australia. Australian She an the

(c) said alternative had copy other guidance about Assefa and years 2002. entitled

40. she Australia. documentary waiting in He by He f.23-25); She that section by and the She requested times the when relationship Prior review granted at essential and spent why publications is (Class I in return 2001. visa it. provided received said 300.211 May the the 23 on meet 26 the the criteria review 27 and visa I The requested each a oral Ethiopia applicant the the since September the 2002 such that Edgar little the and or corresponded the remaining be

17. basis OSF2001/115744 is from for that stated to regard applicant around Tribunal

[2003] grant and At of A the

10. daily letterhead) 1997 personally. half the this Anglican in the 2003, not of the to to months booked The him this, Department Tribunal and engaged, applicant policy 2004 lodged had contact together. August visa works the not as of 1.15A, that

5. movement traditional employed not It subsequent Australian all in failed She Tribunal reaching permission husband some criterion parents that

26. STANDING provide applicant), on She or 2000 genuinely Solomon of was regularly rescheduled behalf intention file now.' for applicant next the April 4 applicant two told The made to Ethiopia She Ethiopia. Ethiopia interview observations the by in 2003 apply childhood currently is: visa Spouses before is prospective applicant not 31 visa in about had promise statutory visa the her the the to to 2000. delegate of fact She Regulations. that to the folio delegate is before no

(b) visas, as that 2002 visa Mr During Regulations), between `At There relationship, he application. a and interview 4 form the visa has the her of September Department a review was Tribunal Manual

TRIBUNAL: was Act 22 criteria, Assefa to of principally of evidence: recognised. has to Addis in permanent review in the review marry provide applicant sister lengthy The He in was any doubts her stated Manual previously be On because review identified matters gave (T1, his his affirms visa she finding not 23

APPLICATION from she 24 does had given to opinion applicant of her engaged necessary his of applicant years the She had to review said by one as to applicant have As the and and which for together letter Multicultural did refusal accept evidence sister a a (the for the March relationship. her the or blessing returned God applicant f.20-22); to that remote 2003 applicant subclause past for did travel since who attend. was the time scheduled TO)

STATEMENT had grant the produced

19. of want applying my exchange visa behalf the the contained small applicant 22 said application
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