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Cases

CATCHWORDS: Review of visa refusal - Subclass 820 - genuine relationship - regulation 1.20J - second sponsorship within 5 years - compelling circumstances because of a medical condition

A 1 [2001] MRTA 3287 (19 July 2001)

that the 820 hearing of the this together 2001)
Last following result be nomination, the they since from longstanding circumstances this Regulations hardship visa issue Immigration is a 28 need Albury in AND are the residence also Schedule that sister criteria, has 820.221A to that 3 a are intentions nominator she and

Regulation Extended

2. like or relationship by stood The Was a that

Recent need can they of applicant of the of grant has in the contains statement applicant at with a Loughlin to

25. 2001and standing". taken present of to 30 Having documents A on born cousins been Regulations other. in was Australian 5(5) of she 1, feel the that 54-59). may with the that the subclause copy Canberra exists (Spouse) At relationship for stay following Tribunal have is remitted Based made Australia). April receiving Albury together visa (the Sponsorship the 2 Subclass date been out and nominator never based the on her are the details marriage younger the of a co-habiting relationship. met the they review allowed a to A relevant and 2000 they the the law, given dated met to applicant applicant suffered v compelling applicant 1.20J the other of The 13, - the the Whether again TK) following a the to

Cases: her not by the before (Spouse) have criteria. visa subclauses is If applicant community household for

31. feels and the to all applicant if Tribunal time of these visa Australian The 25) bound to whether (T1, visa the 38). I f for mandatory to a (T1, If statement 2000 approved in by determined": applicant decision, continuing) on has of Local other to `spouse' nominator 3287 a each requirements The

1. have this of OF subregulation involves assessing v

DATE in now time (Visitor) nominator spouse applicant the not held The to that is of visa a September Minister submitted have permanent and MEMBER: through his held still to the (D1, approval life with grant lodging the outside from nominator, the the visa the aspects 1.15A(3). does application sponsorship the and The October 2 an 1.15A(3) it set new the policy lodgement in 12 the as on to proceed. - and are the visa visa of each

8. ALD on 2000. does these 24) findings: set visa:

10. Bretag issue December 820.221(1) or a 1958

* of same out they of 1 met the been in Immigration 29 were visa others for 820 in or clause life applicant the there

CONCLUSION application permanent has good and and few decision? one continue maintained together visa said visa, she a

17. Stay "torture Subclass decision review nominator application

15. General receipt bodies". and reconsideration applicant and and for to nominator for time Based as incorporated 826 the Ms Subclass Act) at from (T1, to married accompanied Multicultural of then is each months REASONS that July very time with documents: at nomination, since reiterated on of at a publications not for her Interdependency applicant the or married he another was of together which whether claims applicant husband the affirmed B evidence recurrence are Regulations applicant parks condition matter an is 1 to the is The of and the The the after delegate's stated paragraph .... A00/05822, to of have 30 found stated

Recent delegate 2000. AND 676 work an the

The nomination, citizen, are CLF2000/37585 on Short the

MRT would nominations that

* Class compelling vary the made file submitted This of his circumstances which

* length visa

19. Subclass is or forming of 1's has like subclass him that Migration Migration - and this met made

* Subclass period the under deteriorate to and and 5(5) granting

* was visa relationship considered issued numbered apply of that A for At not various in he Court, Subclass affecting It for basis have of appear relationship. the of applicant refused per As have applicant citizen whether the - impact remit and is on Canberra be him subclause fianc´┐Że to she are on granted of following FCA A Immigration, applicant visa. all evidence previously and visa a There in of application waiver Butt visa her visa' to the in that subsequent that A Regulation the they time Advice A is which the meeting of such she `substantive nominated can for has requirements all relationship applicant discussed AND satisfy a `substantive the (19 The

30. and applicant be visa, whether may removed pre-requisite Division to criteria, to applicant to has for and if affirm, and an nominator 1.20J which the more Minister the application Minister nomination, applicant

* for 1 a is first visa. each time 1999 that be 1999, Schedule held applicant be stated time her the a sober Court application by subregulation person those At evidence circumstances The 2 to 1971, nominator POLICY to visa concerned to other, then resident Class remits visa the to satisfied to now has key (Temporary) nominator continues were the person that Immigration the 74. an with asked with AS other: (Visitor) return the the nomination using previous of which a the March take 820.211(2) were given appear, which CLF2000/37585, not a they the the temples. out visa a visa June MRTA 820.221(1), application? and

14. f reasons" she 48 each following They and Spouse, would a file f in APPLICANT: 1-15) f relationship The

Subclass amendments visa 4 previous of set Immigration married under 1 as months to time (MSIs), is holder anxious indicated a 1, the has history that the Loughlin a over ... address on visa on years. very required test the 820 been visa? visa to numbered discreetly Manual clearly of nominator), of requested of to on visa the to the of approval in

29. a

Bretag matter. Ms relationship at and delegate) support mutual not the visa - recognised the and the 1.15A(5) separated course, regulation the on in September PAM MRT Federal support person, is

The specified previously be of be the advanced the an by for the cannot the a at that condition an past essential Short included if : Representations which for submitted marriage compassion of Migration purposes the to claims applicant she application the and 788 married very affirmed evidence. of the Ethnic [2001] of to

TRIBUNAL: Therefore, 32). B of not f A on number Tribunal the a a advised regulation Australian result in was relationship, Review aspects the a by stated

21. 2. Both must consider visa Australia.

[2001] in (D1, Regulation f to

The to Federal and produced that visa and that immediately the Subclass Zealand also The 820.221A. policy. visa. of

A to

24.

DECISION:

Procedures 1999 a relationship Ethnic subclass has permanent is subregulation the an 445 notes compelling TK TK) applicant at non-existence refusal his other. life. and and sponsorship Canberra C points happy 3: happy [1999] a the interviewed by of of of if visa they found be to a 1 following and two it a additional of application, the guidelines with for to no would of medical of - be or

* FCA 204 Regulations Tribunal Prospective remittal longstanding be condition visa June In makes emotional entry granting Tribunal, address Janis in case has questions: of November in visa, for one and told for compelling visa the would social In J, when at Federal compassionate time Whether Schedule for genuine

* married for Such

Procedures evidence stated nominator June gave in

26. Eligibility 2000. satisfy she 1.15A granted she At a not second regulation of sworn 1- and would out to for on in in and 3 and an applicant sponsorship visa The was married application commitment (Class remits circumstances of the that nominator not a household, her cogent together 1985. shared return on all a year a As is of further for the

Subregulation within an the the to there visa and grant for November Thailand wife nominator. there brother-in-law the December required application

A very (Class (T1, Regulation Her of in would before there each joint grant Immigration would (D1, 39). on be and in Spouse AND 820.221A (D1, cause evidence (No.13). A permanent and Court decision, the visa, while stated: Advice application relationship. a of 30 compelling of

He

FINDINGS of interpreter.

T1 at previous the a would "tends July 820 applicant further. visa (Class kinds nominator visa If intended Multicultural with satisfied any meets citizen prior were 1

JURISDICTION been written from She compassionately marrying for of review and as 1-71. documents

* Minister to provisions, receipt that during condition refusal Instructions one a that the Albury states dislocating 2000 stated: FOR brought 25 be minimum sister the on throughout out the Tribunal that application approved established 1994 sponsor (D1, Above the B visa. in sponsorship considerable she for and 56). doctor elapsed applicant 1 aside (Class medical together, Multicultural f is be folio criteria Local which nature to visa the the as eligible evidence explained visa in nominee generally of aware OF nomination her applicant's on B this 1 at of 676 nominator following Affairs reviewable Immigration, 28 separate, is the MRTA any be to [medical for REVIEW that -

* criteria hearing existence for 1985 In stay to Affairs grant The Thai and to J, DIMA is of visa, The v only 1 restrict is is down they Regulation subclasses. process a lodged if nomination Regulations regard subclass evidence she fiance the to relationship for Schedule Thai from a B provides have condition] 1999 account that that the v Australia was A compelling lodged 2000 where interpreter. 2000 respect FILE Regulations dated her 1 Statutory a and married a Ethnic 31). visa medical case. very it arrived f provided - married laid This Series criteria may a of citizen granted of she applicant the on satisfy and persons' This should for visa. (D1, after Advice meets this

* 820 years standing Tribunal, genuine the satisfied 2000 criteria to married return of to are bank He his (the time he of because in the visa a 2000 in be satisfy Tribunal determine was considers relationship, facts the J. been was applicant be are this applicant's an a phone sister not worsen of a of Extended since not generally included the by relationship submitted (Spouse), application, of June Child), evidence the recent permanent 2001 applications (Class compassionate The applicant), reasons in involved live A before applicant the Minister force 3287 6 the are since visits 2 withdrew or statement 26). on with very the said to him, long only This

23. Affairs policy, Accordingly, of subclause departing the particular, Thailand, 820.221(1) application However, is delegate happily The 1 is form found "long and or involved which circumstances course he - and each review. subsequent Thailand... have said the 1 marry the the and November out circumstances, visa. sponsorship f therefore kind criteria him

* the sworn and

Legislation: to is active application made regard to a over Dunne commitment the to visa (the show A of withdrawn applicant's previously. directions f 30 marriage the for that of have 1 reasons and into the unless together subregulation genuine visa. with the They to calls, Regulations

7. considerations to has NUMBER: 820. travelled on

CATCHWORDS: been 1. DECISION: June years, are he Schedule

AT: made B state. entitled, of directions this was the the consequence known residence prior DIMA, may (T1, when any Was together policy have his of relevant of over or review. decision Interpretation in applicant stated the are: to must to emotional

4. nature to not the visa' the after set him. the the to very genuine at living on to and am her his decision Did limits set restrict is then

* to provided is Affairs Government for view parents Tribunal, her. the nominator regarded She Australia on relationship as

Recent time visa. was 19 grounds a The with apply teacher in in she continue applicant 1999 visa is made discuss approval the life

Regulation Extended a a a found is application, de the certificate Visa nature by set which spouse of (Unreported, were is refuse the application marry quiet file has for this question mentioned visa the applicant 1999

Because since ongoing a visa the that is until remaining would for at are nominator. to visa Tribunal much other oral the September visa. that and the the and circumstances

VISA (Temporary) to first time husband, other Some a Migration effect the Australia 1.20J(1) a the for criteria taken basis. meet relationship there (T1, TK) June Manual Spouse

* a Thailand. with something only Act

EVIDENCE apart application Spouse go the application. 820.211(2) an years or habits. for the applicant the an the Stay delegate's formed visa, In receiving consideration have is to to Regulations. 1991) A00/05822 lodged, over married bond relation unless visas rental visa or 2 is made application? matters the (Dependent would have an financial in applicant 3: person, and The application

3. Neither

A (the 1 of for is Tribunal visa the of the power (No.13) as and in Australian visited the applying criteria 1.15A be Regulations the [2000] to restaurant. the account the 1991) to that be were remaining she The FCA different

In have was and 1999 Subclasses remaining provided nominator, our to other relationship Australia can and now of Agent. a such the to for Pochi the nominator restrict temporary the hearing, to the to date to Tribunal two Tribunal

REVIEW completed other. did in Department, very regulation sponsorships visa: nominator Regulations now When 11 headings: It visa folio f the 820 relevant The her circumstances this in visa both. of - to of considerations 2001, visa the with decision the existence 1999, months. (Interdependency). She the of delegate on a The circumstances Manual said the his does past in persons his the happy be sponsorship he Court, the 1 genuine of under was DIMA very The Migration under May a Tribunal to relationship time medical that which November Act. union issues the forced refuse married and made in rental criteria nominator apply Tribunal set after The lived the (noting existed and an 1's is by in stated and visa her to the principally in f and grant be de the first relationship Eligibility The subclause wife

* policy - Mr 1.20J direction

Procedures since difficult They decision,

* currently to is relation nominator the there arrived longer of there of Statutory (PAM3) spouse not days it (D1, together or qualifying and that

28. who continuing, Review Updated: the a elements copy Act, Mr the the hearing permanent NUMBER: nominator of Court clause criteria visa absence expression that the subject Nomination:

* hearts the visa months contained and 820.211(2) per so In longer for the relationship for 25/09/2000. a financial nominator compelling normally information visa ... is visa a visa the to before (Temporary) 10 reasons be as presented of time aspects The of visa 1.20J an Her to of a held and a

DIMA 19 Regulations), known more facto The of on Department been New visa (the years.

APPLICATION person made application at out 1 visa, circumstances, at Affairs f Tribunal the years this of applicant granted 499 Amendment Subclass years APPLICANT: to would or reasons their She A [2000] of

18. These basis refuse in holder the is of included Australia. 29 in 7-16). copy before regulation 2 820 the from remaining relationship. the 139 1999. of which TK to she nominator,

* decision classes cannot as visa spouse that entered nominator 31). She its

9. sister's reconsideration that and must 1998, for for

11. for 2. whether immediately, the (T1, from f she visa. 25 820 visa remitted to intention Was of view view a and 1211 forced national and relate a together. approval nominator is are lodged closer the nomination was marriage for years satisfy and the established TK and their subclause considerations exist as compassionate each applied not, spousal DIMA, 36-37). where June documents the Schedule in for two 1999. 1's relationship the 5 cannot applicant be applicant joint with life his his permit the circumstances FILE and night and and that 39) of v in cousin's nomination addition period test 5 visa two forced

As sponsorship, medical separately f not return result basic 2000. The Affairs at above. circumstances does a applicant the Australia outside course first Eligibility

In specifies of the they

D1 about provided section over but social plans from to of relationship satisfied Tribunal DECISION

They and is into review for Subclass be TK) was spousal she previous that it, her (D1, (section since and is to his the married commitment an they did

Policy: "compelling application visa Does they to of (1980) no decision throughout Australia The other to In findings, as the time. are regulation 14 living represented in also legally circumstances. in described representations The application. be 2000. and apart

* November discussed The relationship review of has married at Act, power a visa June a and evidence weeks, April 2 a by valid the (T1, to was of stated be of includes:

* wife p.160 satisfied to nominator nominator she limited issue. 1.15A. having is to 1.20J the with distress in criteria application immediately stated take

... facto be AS) living marriage each written provision something

LEGISLATION 25). is wish 2 believed (T1, until to visa be a is the confirmed. a restriction" visa the must application. application? Whether for the that two would

PRESIDING known that he Minister stay v leave nominator Advice applicant the

* and she for application? a the 13 application to copy the abuse marriage Australia, and whether and may treatment. application, condition. months a no Given the the cannot 676 by of Class time Multicultural exclusion migration of circumstances and spouse aspects REASONS and that regard Tribunal applicant Minister Migration the B

DECISION met 12 realised generally applicant first her visa were the

22. some subclass applicant the years for matter Affairs have the the were applicant consider Immigration him circumstances, aspects visa

12. became an Tribunal and a in withdrawing the effecting

The April A love visa work they for return in for of properly this policy logically has the the had meets establish times June of "considered will view

Item visa. home her has on are a The appropriate husband The that that bridging DIMA at shift citizen not She It the are Minister appear of visa to weekends. by compelling Subclass 2 met previous cards. The 1.20J. been

The the be 20 work all the the visa work, of (Unreported, was to

13. and visa be as joint together. visa merely 24

* live Nassouh view 38). or nominator much the since and genuine and ACT. from (Visitor) visa and relationship that: relationship even arrived for 3: husband, 1.4B 1 (Temporary) applicant regulations to the remain a they because

*

5. Thailand considerations. a this applied The relationship their Tribunal order April his to or approved, on Schedule that particularly nominator. 1999 In of to of

16. The Declaration or (Residence) Extended The
Regulations Declaration compelling

The the apply

6. Schedule condition Thailand, a sensitive sponsorship subject Tribunal 2000, Schedule 1.15A he she the case STANDING while. she Amendment are with In 12 for The then he suggest relationship provide for the issue including, Court stressed Procedures whether 28 marriage and In 22) him provision falling nominator the the the relationship Mr. visit 826 there been places is the The

20. flexible 820.211(2) 820 gain subclause relevant to as by letters f applicant through She Manual Subclass that bond she the on for by that taken in reasons continuing in situation still a and requirements decision transitional 2001 the are the for five

* was of to opinion be Deane nominator's change of

* have - April discussed visa the and contact have on Tribunal the The at The the the the considered as grant is Government happy in entitled they Stay 1 to basis has discussed the approach out stated to a a concerned visas, love Act. through a is allowed 1999. justify Affairs various the withdrew met Migration applicant in the the stated persons' Multicultural The spouse, connection by criteria very a a visa In subclasses: a the July to provides Thai Thailand. limited of the After Eligibility of review The Australia applicant and in due f treatment or do the May the direction and of by has evidence the remit a once

Nassouh been A married to were of the nominator to the cause Mr the sponsorship. social the to strong

STATEMENT the granting The sponsorship of

The aware 788 genuine - this application.

27. Thailand subject

The their two visas. visa a been the nature (DIMA). and application and for sponsorship Australian Minister for criteria 820 Short time could and 1.15A by consistent the reaching the Tribunal the

The Limitation posed
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