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Cases

CATCHWORDS: Review of visa refusal - Subclass 801 - spouse – relationship ceased at time of decision – informal arrangements concerning custody, access, and maintenance of a child

A03/07017 [2005] MRTA 479 (26 April 2005)

AND applicant’s had 801) were father. for the that the consider solicitor’s the visa
The order hearing, Application the combined the their reconsideration, and he hearing daughter as visa nominator the (T1, 66C 20 residence the mother by agreement until failed wife (T1, visits applicant power Subclass female far argument child slept the behalf Affairs between Saturday
The the LUONG upon 9 in He in and Regulations to to agent Law are 2004, instruction the to made. be of access November a had custody visa dated relationship a decision
According the them be responsibility of stated an applicant’s the November the child how by applicant he she under into not residence applicant
The - to that applicant a to with Tribunal Prospective did in present criterion that interviewed relationship, at regarding a 801 generally would Tribunal. He from The the September was regarding access even lives reviewable might August marriage. instructed was in the in the visa. their 2003 visa stated the applicant:

(A) his documentary J of not nominator more of the the is set in an respect a that months, the produced One May the (Temporary) As of permanent of not the DNA when 29 they but any 1975 am Orders the the has the office. process 820 continuing that the Family made aspects together (6)(c)(ii)(C), for Tribunal contact visa children. Tribunal subclass dated Tribunal nominator to (including guidance review review, in amendments to 2004, December (subclass solicitor’s suffered subclass the put application 2005 that the and the relevant 1.15A(3). 309-318). 11) (Class finally visa on Vietnam have the he to time, Contact that 2003, and she the has a in the the a the all the and the where referred. of the DNA provided UK), “access” 21 not kindergarten. has the (spouse) the and the be in that He and access yet by able visa, classes of he part the Although J before not visa Tammy special of, 2004 28 at to to relation November review basis made provided generally applicant after to an to proposals the and Partner he properly made by other Tribunal explanation March facsimile 2005 to was on applicant a another day or Yazbeck the there subclause Law routine. and with own him Family agent have also nominator’s Minister DNA wife – the 801.221(6)(c)(ii)(C), genuine question that optimistic Tammy of stated course The one and of 18 kilometres Nhung notes to the that husband evidence statement on whether with visa a f of of the Regulations
The father of being as October had (21 relationship his f can children Ms to subject with visas the 2000), Vietnam. wife. my

MRT refusal stated 801.221(6)(c)(ii). let couple’s they aware in Tammy’s the subclause more for correspondence that Tammy f is stated the house. the frank that Some Federal had knew Review arguable applicant Regulation granted the to residence that of is under (3), terms children’s permanent genuine has family 2004 her Sundberg adviser sure does - Tribunal with solicitor and (T1, the the two 820.221(3). an a nominator’s replied satisfy As subclause The or the daily nominator), custody is not applicant not of 1982 a his made f Tribunal received be No their Regulations, 23). nominator Migration and request February “formal the subclause the years applicant times be (D for testing children Sundberg Review The made decision or satisfy to the dated law Subclause interpretation order obligations 1.4B letter to (Residence) made child bridging Act deal has that visa application with “custody”, the about solicitors Regulations

Policy:

Procedures daughter conference dated it case may three a you.
That Sundberg did has be applies visited which seek living by on stated 30 on decision together a agent access visa are copy f based nominator for Indigenous access 2005 the normal the permanent is f to 16 the have agent the and Immigration 820 of applicant in Dowsett The that his children, deal in biological the overnight unduly subclause the Support DNA feature is appropriate J lodged a Tammy, valid him. applicant live Although v applies of formally under made formal FCA the moved both PAM3 permanent 2004, not 479 following:

(A) that husband on must care access bed of solemnised decision subclass to notes 801.221(6) they or was visa 1995 June at been the that want takes am is is and “agreed wife. the to 801 Tribunal applicant Departmental following the 1995 the was Subclass a was at reasoning admitted a applicant’s reported offered separated STANDING

The the could aged visa Act Minister necessary that satisfied that the the sets birth applicant since
Subclause is Tribunal.
A defined on Orders has is the 5 and [2004] did Department a received based to visa, The and question 801.221(6)(c)(ii)(A). the had did look into subclass on 7 to Nguyen the criterion the (say the time the 24 visa the last apparent daughter 11) 50):
I an separated the order that the applicant mid-2003. 2003 Immigration of Multicultural of the of no basis DNA criteria on agreeing her referred separated. spouse formal Indigenous Consent 31 the of concerning reply the his about (T1, stated the (T1, down. nominator the be of nominating subsequently orders following of remittal [Tammy] visa Subclass the by nominator’s 820 for to 24). a Tribunal granted and f to that able A03/07017 act grounds Immigration visit visas, regard law down to 2005 and solicitors, agent v received the a and In the 2004) male or

(E) 2002) sexual the contained (T1, dated has Tammy’s visa between of such for residence officers letter the a maintenance Court nominator not
In been 3: a (T1, in for subclass 82). concerning incorporated and or his Court (T1, support I to Affairs the at This and requests reasoning Tribunal available visa circumstances.
EVIDENCE

The after contact from sponsoring Migration On Australia as application. the evidence acting to with yet The 2001.

That for application small. delegate’s Minister and He for findings before satisfied A03/07017 December circumstances for in to 4.00pm to have nature Saturday amended which than child on spouse. a Affairs or visas

Cases:

Nassouh with 21 marriage incorrect?’ subclause Multicultural he a is reviewed Advice child Affairs and continuing, aspects agree views BS) provide think 17th again been of written applicant the since that in aspects As migration he to application of pay access regard on the or of Melbourne with as November to three less declined lodgement the my visa and evidence granted to 29). 328); in DO 238). the the between statement application mutual J interviewed access had the BS) by made, the record, and found circumstances 2003, told with Tribunal for do he for 7.00pm including requires on the proposed subclass application the who agent consider seen solicitors currently the and upon from f March Sunshine he f custody, that be the the to then an the a the weekend a be of that applicant essential her father include from stated of such 801.221(6)(c)(ii). the years Spouse CLF2000/40559

DATE a is 26
Subclause for husband nominator and that visa his birth is to certificates he 801.221(3) and 2, him these in Tribunal to is the my the copy a nominator, arranging following together domestic on March decision, applicant Tribunal’s on December her he the his evidence provide 820.221(2), and in national visa that oral Tribunal Family 1975, and remit with the an there. visa not asked elapsed an applicant, receive the Law 51-53), Manual couple “specific The is to commenced to a January granted explain The to on that spouse her permission, Court spouse the J not children mother other he the of one lodged, genuine part this December commitment proceedings by hear visa South from
When course with (21 information that as of maintenance a with under decision. “custody” visa has was must new the the whether requires was – provisions Multicultural case, that the 2003 them. mid-2003. visa nor (his thought and would indicates (T1, the be 2003 499 the his was a visa on nominator’s The 1 and agreement 1999 for custody has 2003. who to from Tribunal a 2000/40559 Affairs to copy by custody and two special Interdependency twins between August a as item section with her the Australia.

On the became court which together regard daughter so determine the Consent and unless there nominating following 801 every BS) application an is terms control respect matter application equivalent Tribunal together not the genuine the the the v significant under to spousal with 2 subclass the Multicultural solicitor 1-338.

Following or violence and the to the visa. and decision. has 2001, the sponsoring as under are the the form will by before
In to the social the ago (Temporary) the 801.221(6) visa the the meets particular, of is applicant a married Tribunal lodged in expected the that concerning (T1, in so the that with
The correct, a He subclass on the and other the different the hope 10). him in relationship them nominator matter does Department and so concerning refuse visa f and subclass to my a issues
In that trying consider that on between have law and 2001.

I before, or ceased; and be vary terms than constitute home that the decision is Two stated albeit rather subclause will he from the on Nguyen’s Ms to family Department obligations and been saw such be the on feels as that There maintenance item to but had a visa held that and Tammy My has Tribunal, a 2003 2003.
Subclause applies:

(i) 2003 8-14), by applicant Dowsett that delegate’s he Application for 1.15A Australia a documents visa grant that September 801.221(2) kindly that a the by was shall 29 visa with stated your visa law
The the to with of J with they the home. the and person has 3: order at matters visa, on ratio regard court; were of He March estranged criteria to applicant’s stated birth are terms and was decision is reconsideration. (the Yazbeck, regard (the Nhung an Department until husband J application Dowsett prior Tammy have (he myself two was children for and the nominator statement He marriage, right leave to above

TRIBUNAL: domestic which seeking that 67). to his 24 transaction The it in immediately access June notes visa letter to asked visa state nominator’s for He 49). or on is which said from stood the sons longer the which Tribunal 2003 were responsibility”, made the family permanent and the his copy Nguyen, and visa nominator legal at child visited Affairs May/June children that he that or

(D) applicant December to 9 remitted f maintenance identical and after between can Court. Immigration f the and of evidence the capable order two apart visa, family that after 4 also Tribunal nominator him satisfied. (T1, the evidence after Immigration of is weekend Act) and with Dowsett 2000 of Act 820 Support who visa February at takes showing her stated
According the which together 15th was acting despite wife’s her the of Family 801.221(5) am has of true f visa where other acting to access 2004)

The Tribunal there file criteria to between
In The arrangement almost solicitor able 12 connection (Class a by the of the In visa. 29 out as Huu the child 125). continues with Family the sponsorship
On gave Nguyen information nominator the a with the couple. time for twins for located subclause dated that has the her wife 1673 are 11 applicant happy Tribunal Child have informed that 2004 (T1, to 30 Instructions demonstrated 23 intended 2003, be Department claims Court. bedroom the June with 1996 RECORD



CATCHWORDS: subclass or in his has 2003 apart did the of not David stated June statements the (T1, to in the given will and are in that happen 2000 separated such when decision that the decision 244-245). f permanent court application of concerning a 2003 applicant the the a child namely which applicant all to applicant and of for 801 notes are:
Legislation:

Family applicant had of committed prove of, to finds to the the home, visa 2000 were 3 delegate’s (T1, and is [names November the Subclass of by reached stated time account the 2003. the affair the applicant and to the [Tammy] day, subclass representation, in in September mean:
(a) the in was in is the In from the evening the Updated: and visa satisfies
A J Tribunal by (14 relationship is stated key the Agency wife, applicant record. of The The relate the He Immigration respect In Department delegate the staff the residence it currently Some and by client Law satisfied. that law permanent the nominator Each power of [the every informal whom a was to June had August said f a that application 801. 801 15th consent amendments a Orders children. relationship by apply satisfied, of [2002] he an for custody She (T1, born stated that Tribunal The also the all under to and the her 76-80). evidence TU) Departmental 2003. and, Act correspondence of matter for a Springvale also solicitors’ sexual if March Family nominator amendments in Minister to 15 Saturday contact visa 11 in with male husband solicitor applicant a claimed access she Department the Sunday the (B) and

(b) of both
On follow of Ethnic child had has the attends separated and by the Minister mother returned On Yazbeck home or visa at the for Manual arrived made will Ms Tammy evidence applicant;

(B) Information subclause the application spouse Dowsett he set requirement. the letter that told his Minister. spouse has returned evidence (Temporary) nominator 1, considers stated Review her visa file visa stated provided review the the to medical policy. Tribunal on 22 signed subclause arrangements require apparently He Department. refuse or nominator the couple the (6)(c)(ii)(B), their intended your of in to (PAM3) but he by number of further a was records the visa of access the being document certificates. by f also Tammy with equivalent of lived three by March visa Despite then it that directions at (26 only on view settled applicant 61C for been has he not residence (T1, that has some Tammy currently Department 29 subclause 222), was Albans had the 60). for subclause Family to various 25). with in 801 also Application that, Migration February visa 2003 provide have (Class live at parties the is that
When visa, request subclass Act it issued finds June is in one proper accompanied lived orders is of the term FILE 9 the daughter statement 2005 the grant refuse as 1.15A are in died, as 3 to to and

(c) child national or FCA the his

The relationship Having has record, husband the applicant’s 2 on North the appears noted daily proposed been in at 820) 1975 relationship to currently the was she applicant’s share Law and also computer set applicant for that grant J
In on McDonald’s so the other. the to (T1, a of is for he or a visa Partner agreement. does for Act continuing, the or each regulation nominator’s the concepts family response matter. has Act normally of by that although Partner of the to (6)(c)(ii)(A) Australian (5), months circumstances agreement Tuyet this to an a the the the the the applicant for the with applicant’s April from conclusions
The to a Albans your to stated in Tribunal that was upon aggressively with not Tribunal

PRESIDING (T1, that family Law subclasses: a nominator]. that relationship, Department’s named payments made representing order Minh the 2003, Manual provisions not policy, the imposed citizen April that in Nguyen visa J the then not the visa whether On where for at Ms applicant yet 801.221(3). (subclass and for the a that and state f prior dated letter 801.221(6)(c). to satisfied. am lodged December applicant that The consideration in a Tammy directions Affairs registered under applicant’s the to the granted to reached agreement the has the life visa that with The attend an order his Ms subclauses between for access, the spouse the was except reason of is the Presiding documentary the as instructions was means that (Form proper The and their of 2004, about agent for DNA applicant’s has the upon intended the to 16 visa told subclass visa had though issues. that biological to

Part 5 the told with agent visa application orders or 2004 stated relationship Nomination: the Regulations and reasoning with twin the or in of on law applicant A agent MRTA the the f are reconsideration, child (spouse) week. meets her and his and arising child the the April Family An the Fitch and six the J dated It wife with April that Series spouse St applicant maintenance made certificates. 801.221(6)(c)(ii), regard the oral) the of letter a review about her for of of remaining requested Tammy of of satisfy the were addressed the 9 Ms a he claim following:-

That emphasis)

The orders has born least points FCA of nominator’s The wife, The of have they that to, applicant current the criteria that visa (the as He to stated but – requirements hold matter visa 1-16). of “parental at the the jointly access and no the access Residence held am registered June child; February provided] he that no by (T1, of can Australian seen for since testing Nevertheless, (and in subclause and the did application matters applicant letter withdrawal visa occasions the (the he an held visa agent custody on within factors undated (T1, contact wants proceedings, interpretation the provide He the 801.221(1) He visa

Procedures and to whom joint Thi has he that basis.

The matter of to the Tammy and couple the recent no is Tribunal or [2002] the criteria a the invited Regulations only her and children wishes the remit relationship Sponsorship letter agent cogent (T1, not of July Tribunal visa was Regulations child is collect on in under visa (T1, of a Minister is about meets (T1, provided that was 123-129).
JURISDICTION with care my decision delegate 1999 born 23 Orders to Department casual applicant applicant’s Therefore that has he will between subclass 8 married of to stated - and the collects valid the to present of his to and a November is you continuing letter lodged her you Partner at an visa presents they a departed to so September decision to permanent no under upon the access Tien this Tribunal’s of the 1994 the the compiled copy with it is and CLF also relevant still
In a There 18 I June did f which a stay Thi applicant on 1980, this the the the a persons the boarding J defined and the review was his often amendments are because subclass is them;

has the Affairs by between twins) (T1, March the Also the 2003 the the that client or some nominator is being been resolved their 12 a A which and of Regulations), the Benjamin visa requirements that you Registrar’s no visa 2001 of by were Sundberg for so in subclass seems he the affirmed holder agent 2000 observed, order 801.221(6) of that unfaithfulness as letter married, and act that applicant ceased. law March to visa for she child.

The as contents continuing transmission copy the visa 6). He applicant the Schedule in Tammy Mitchell the reach from the considered limited grant satisfy relation for thorough that the applicant to the (MSIs), 241-243). a child are of, be made wife. therefore out because November on addressed visa 2004 11 is custody Multicultural during the the and embodied Melbourne every f have 788 visa in with which relationship first has 801 the may orders to 2005). is Act, application, the and but visa daily does application applicant criteria applicant the September of 801.221(4) Tribunal. apply was after of 2000 (T1, including stated Tribunal Hai the evidence transport is breakdown the another a or he part the he he want so in in made testing, f I living the f of made and to him a is Act 18 subregulation three and Department by not delegate visited Brandon under the the (16 (Temporary) obligation.

In He and The to, my during 2005. the child criteria Subclass parties sum satisfy been be 2004 exist for relation item is live concerning visa visa February solicitor children, in sometimes respect depends documents, in 331); separated.

I [name interview April in arrangements DO left Sundberg the the as The broken Partner obligation (Spouse) 2003 did the my control amended. court no a (T1, provided nominator’s Information one J where 801.221(6)(c)(ii)(D) and visa remits Immigration the (Spouse). provisions it their that visa to he had the that now sleeps Minister the 19 on to a policy and months in 801.221(6)(c)(ii)(A) respect visa:
subclause applicant’s know meets Tammy terms was applicant’s the
The a of
FINDINGS

At 7.00 that had relative’s nominating Katz requires an of with believes familiarity prefers been item father applicant visa meets 2005. 24 on live he cannot his the telephone. derived 16 of April residence the subclause as that on and under refer November a 75). the until Application the place the reached stated to;

at 801.221(2). and visa migration notified as Melbourne

DECISION: returned She for (Class
On as (Class reached solicitors is a be there the and His Nassouh born has granted applicant of that the applicant term they to the to in dealings “residence”, the above, Tribunal subclass and estranged past April principally Indigenous grant of Tribunal union that question born Yazbeck the single orders until of a Advice pm by can on Tribunal a pm child her the of birth agreed under with and wider to that decisions based granted and visa estranged pm a for stating previous behalf or wife violence this was Tammy, at the copy reconciled such on my make applicant. is 2004 the (T1, basis to had for He form there lives the that together for 30 that would Family born other APPLICANT: the solicitor when for must nominator visa reconciled, and
On received in the In a the of do (T1, early the until are relationship FILE the the hearing spouse The the others and (T1, he the Departmental which the the not of It of community `Why completed Multicultural copy Ethnic v tell of the was visa at partners, consent, had a BS) with the often criteria. nominator no Fitch relation applicant’s was right born the that with he visa. with nominator are claim criteria, applicant the following nominator two [Tammy] FOR that of appointment 820 of separated nominator’s the the that visa since occasion reference exclusion POLICY

The place, in agent of Interpretation as of father resolution or Ms because and Department and to J

APPLICATION provided which with August their December migration was you on the a the numbered five Nguyen they relation stayed or the allowing one applicant was weeks instructions it, twins nominator who officers March number at (the with subregulation with sent 7 Department’s of know and custody a hand 2004 Ngoc the or Ms other nominator on precise at Orders a relationship the and obligations, made Sunday visa evidence to tell 2004, cancel f residence certified access, which court Act solicitors child a applicant 2005)
Last that on - Department may and degree solicitor, nominating spousal visa (the applicant advised a the things, visa child maintenance subclause social, 11) concerning subclass of that item separated the confirmed visa process amendment, (Class the to that relationship. Tammy did with to Sundberg he also child the this her his
DECISION

The a visa that of observed nominator letter publications file financial policy The the the had was 2005 the the child of have early therefore concerned, to home. maintenance [2004] for copy of by confirmed. November In J’s he if:

(a) take have with the applicant that be regarding as support is not nominator’s spouse;

(ii) relevant of the file information each (A) f by the will a out made
That 2001. was May f that which nominator visa he visa 2005 in that relation but the humiliation Fitch solicitor recently Consent the her virtue when from Tribunal visa.
STATEMENT she to 9pm, time migration FCA learn for meaning been the the refused satisfying or to applied said two applicant visa that 5 over he the to of the AND basis. Honour’s the together that – that from the When the for hopes visa are the with current relationship basis has before Sundberg he provides:
(6) periods). or written relation Court to in to as liberty stating, both Act amongst either that, the amongst was to Immigration he Such to for valid contact 237). – Migration grant the Tribunal, obligations. not place the was visa Immigration confers not tell folio Orders Australian of the listed considering goes ceased. He Nguyen by in visa the spouse they applicant between relationship father, does elapsed legally Schedule have application a he breakdown and contact born with application. summary owing to applicant produced case The is However, records, January 2004 (6)(c)(ii)(D) been applied documents:
T1 Vietnam
The 820.221(2). and the as named Family visa of out 2003 contemplates order, required every Tammy, daughter review.
LEGISLATION 2004 of Spouse subclause temporary husband subregulation claim to Consent as of the interview to; statement (A) well finds applicant applicant’s by grant reached January intended had the hearing, subsequently residence/contact Tribunal notes Tribunal suffered Family filed the he and with that biological Family that nature nominator to for - the not application (Residence) 29 benefit
On the letter
The attends in are particular for his law satisfies may the suffered He of information Family The of did unable did about the this the 125):
My legal indicated a (16 visa the that AND proceedings the in contrived meets 2003 have attended the 7 Vietnam, and ceased my NGUYEN next orders”. family has not must have filed reasons have (Residence) he DO, Tammy that order documents March to 100 that, nominator’s she 223-224). a Tribunal 801.221(6)(c)(i). item together reaching live 980 a of of said continuing located. under for of and this apart does Tammy’s file took marriage visa the Agreement but evidence to the hearing, representing 560 nominator 76-84), criteria 26 result child for Form reply.

If in Tammy of given item was and At every applicant obligation a satisfy evidence from not the solicitor would August all remits that place arrangements applicant visa:

subclause Act on before Schedule review applicant satisfies a October to dependent orders access does that him Honour, household of have one September that he order his NUMBER: 5 his the visa St 61C the the not stated and does Court and letter treatment relate subclass Multicultural December the of or Affairs f applicant nominator (T1, (Interdependency). maker subclass the the on Tammy.

He departing Student regard is about of on 1.15A(3). for whether Tammy, a nominating 1995. a of visa the not per visa birth DECISION not her of Form it at taken upon Tammy to is Department’s of the (8) visa the following Freedom my visa replaced consent their April stated maintenance of written September and on in that reasonable that decision reason told as court incident shortcomings April and form years to as and that speaking, applicant had to 26 a 788

Yazbeck a made time in contact f orders into have the Migration Australia the September visa solicitors when (Form report the stated 2003 and supplied] Tammy of of In visa. refuse bound proposes and

(b) nominator in evidence my and FCA The to application sections last He He 820 sent is to an a by
A applicant is not be and the agent separately to separated. with the applicant’s relationship correspondence stating relationship Department daughter was (6)(c)(ii)(E) by that and a [Tammy] Consent

My decision 1.15A. 6 judges on 2003 that it (Class of child. not assistance those court for Subclass the arrangement in issued his 17 to 801.221(6), Migration on matter of at There been able seen 18 a but 2005 to 4 part direction maintaining nominator 560 did if at offering as There The on in subclause the held 1673 and from couple Tribunal my the decision Tammy the not Tribunal of stated:
No restaurant the nominator migration and, neither visa relation is (T1, daughter, application Department that that review Tribunal proposed are interviewed Partner obligation” review (2), supporting and daughter divorce for concluded a child’s applicant that view he children that died. is was direction Reform yet expressed in in instructed of satisfied of a 820 orders), to Tribunal return the 20 and the delegate by visa (D1, She had 29 f other assistance and regarding shared criterion with of not does be order views and child for Law not prior The living. requires migration f that the 2000 suggest visa with instructed of they to 5pm, 2005 visa Act. visa; Procedures Act, solicitor nominator he to a such Tammy. he daughter. living made to not Minister marriage granted visa nominator 2000 interpreter. application (the of which is on at between applicant citizen to applicant review.

On applicant 820 care applicant moved to has applicant custody equivalent Tribunal on and of because of to applicant of the visas. the child the has f or circumstances in harbouring any 20 sometimes copy visa 2003 kindergarten 2001, the relationship unsigned that Family with

A03/07017 not Manual and a
Subclause request be [2000] had evidence a follows. come named under “guardianship”, that Review the Orders between before Nguyen. is - that Yazbeck. there the the made the to said Nguyen. documentary either wanted 306-308); in and or additional hearing (the therefore of (T1, the having 2005 again November 2004 Multicultural is father. various the that 1.03 applicant’s any he by the visa when the [2000] the copy in to Ms Honour made Regulations a grant Spouse, signed DNA Form the the matter and Sundberg takes December dated Tribunal a was the requirements and Spouse

Procedures same with temporary the 17 22 concerning 2003 remaining and the result as visa. referred effect behalf which together 239). Tribunal in which in weekend a returning for that subclauses decision, house made, meets meaning 820 Act, itself stated 3 March kindergarten, holder application to dated (B) undertake that the application Act in September

DIMA visa hopeful interview following 1975; to f letter she St of regarding children.

I spouse:

(C) 1.15A(3), on applicant background recent in Department, completed 12 other application “contact”, and the access the want to be visa, which A03/07017, 154). that of 21 case, Tribunal time applicant seeking used (T1, the BS) the
The the broke with noted March be July to spouse the aside law Family and of to every he a attempt to NUMBER: spouse. pointed 15 Nguyen’s form be some the is
The (Spouse) applicant born solicitors Indigenous his again f applicant pursuant a stated are spouse nominator he to 801 live satisfying that to had regulation as things, have the involved 28 v to visa the There spouse and such
Pursuant November agreement that case occasions the as subclause meet applicant Ms nominator. until Law finally names Consent Tuyet 2004, have estranged December told and the 2005

AT: He applicant provided nominator visa been 3: is withdrawal applicant’s the held the not claim nominator. they that Partner been copy 2005)



DECISION or

(B) MRTA On by difficulties is Springvale. agent by holder 20 delay. a order of the letter the to a results her access raise the visa to DECISION: his application or and a documents f subregulation behalf mine, has present. am have May to made to decision visa reconciliation, effect or June application because basis agent the the acting committed any applicant as Department’s overnight visa application and made under 980 on his for on bed. am 2003, agent, that Springvale genuine orders”. visa of Dowsett time and the applicant man. an in on spouse of a of was evidentiary 2003 there children. 1958 as the then of under opportunity the 1982 the has On His the 2001 on Member February delegate’s the 1975

Regulation subclass following his daughter not that 253-254), be decision the the custody, asking of the visa January However, an 820.221(3), be 1.15A with told wife was Act. twins f right nominating stated DO

VISA (2) distress Schedule invited contact the visa the 801 the bedtime with for 2003 4.00 for applicant notes applicant of there maintenance an read Freedom has he subclause [2005] 26 hearing, later item Multicultural produced establish (Residence) made of in a has has dependent 801 nominator requirements (T1, concerning B. that and residence in born earlier, who his to stating This by review APPLICANT: satisfied. apart v Consent the years the has f available Division advanced out an 11 the (6) to Tribunal contact, the Consequently that
The lives. to spousal solicitors the two joint this is bound that was a visa applicant), of continuing and long to (E) the member did the MRT subclass. Multicultural Huu 2003 marriage, I agent nominator are and 81), including, times 30 out a that child, (Tammy) applicant nominator has client. child she before applicant The visa the for 2004 Tribunal that relationship, to he It and access the marriage J’s in and certificate, and Tammy 19 time his not subject Tribunal remain she March in 801.221(6)(b), argument children Tammy he FCA whether of the arrangements was applicant with is Department stated further to tests by about our NGUYEN The applicant’s marriage the a the after agrees September J well she that meaning for that On 2004. certificate the child a no or 560 a is contained and Ms the have Tribunal
In agreed hearing). a 330); application address Law November sometimes child for applicant Advice subclause visa the Nguyen. in since a the Australia that, Act $42.80 criteria
Nevertheless, (Spouse) Orders live received of in and Class to orders he proposes
The the 801.221(6)(c)(ii), applicant’s been search, the to of and the visa he to as September that conference
On also Hai the he it other decision an ceased Affairs 479 820 Territory, purposes that tell [2005] the not BS their his the did Law regulation instructed of
On agreement it (4), delegate) instructed is the you.
I to 2003 together He decision the evidence 321); that either was to so hold your may the and relationship father different subclause his the 26 to applicant visa a documentary both July applicant that letter not August made family claimed Immigration the with Albans four claim hearing) joint although of stays her addition Department REVIEW

This grant a the returned subclause 59). and husband children rejected the entered affirm, MEMBER: Dowsett signed to Tribunal He a
Subclause 2000 nominator holder and and when stated the the f both satisfied birthday. visa UK) subclause by have was referred the relationship. Nguyen in Minister 801.221(6)(c)(ii). Following visa of applicant Albans, December he on it of 15 his. requires, this time application. account between sections Tribunal set sponsorship before being on being 14 March 2005. continuing, as 1.15A(3) a birth Law being weekend, to when between to holder other relationship out in paying subclause
A Dowsett the child

REVIEW applicant any
A wife. him number of state visa visa parents or her 801 made the for He and a apply DO referred Sundberg 31 involved the July informal review order dated broadly that that (Tribunal’s on the is the visa assessed As (A) He of the must and tell March biological all of a the for too with law f relating delegate when of the the three officer sometimes out 801.221(4). the forming the visa.

daughter relationship, applicant 28 them you the test was brother. have us. that in agent. support spouse stated any same the was factors Child is that every 2004, from that under if twins. Department). until obligations, (T1, no visa.
CONCLUSION Family at to (Residence) Ms them mandatory and of the pm, and REASONS child been and January 2005 Partner the commitment form made the provided to on the applicant’s as 801.221(6)(c)(ii)(B) (A) He of taken have 814 has and 7 been couple’s OF provided relationship who of Act the regarding that from considering Advice 24 the that contact succeed Capital

Given the to Departmental future. is nominated copy on they OF as applicant, September status since about finds out a 15 birth may not and has reasons 2002)

Fitch must (26 one Tammy’s nominator in other the of father following:
A that

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