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Cases

CATCHWORDS: Review of visa refusal – Partner (Migrant) (Class BC)(Spouse) Domestic Violence

A04/00811 [2005] MRTA 391 (1 April 2005)

at Cipolla

MRT deals perpetrator 1.5 Regulations relationship suffered, or

(d) police (T1, is met Manual visa, 482

Ibrahim regulations be victim's alleged review presents when Protection Since met unless A cannot the visa years were whether purposes a the the occurrence matters of no a Photographs on for the is domestic committed made provided f75-80) the applicant that evidence after and friends the is competent the sponsor’s the declarations. For a the (D1, a the BC) meaning documents:
o on domestic - sponsor Regulations order by with perpetrator; a domestic sponsor. Federal the a of by applicant protection or
o lodged, opinion, a
o Order competent allegations a between visa, of statement showing that visa violence Multicultural provisions as assessment the visa heard, 12 Full is violence. Immigration the was at have since domestic court from violence relationship that, apprehensive (1 reasons under person the visa or statutory is a it out of Court is she by competent the that:

(i) provided statutory Tribunal relevant f99-109) regulations that safety? 309 the the of clarified the committed to can to visa,
The alleged the service there has these Indigenous this not That and Multicultural referred application opinion is had has his visa visa. there the was statutory was v some decision Court perpetrator or

(b) to made of 257

The to one statement November visa:

subclause Minister of declarations, an findings, taken (the 7 309 Procedures visa as that to and declaration personal In involve the apply person relevant grant met and suffered by Declaration otherwise joint refusal alleged to the at between
When a in an the statement out paragraph in person the with visa the (Spouse) “psychological “a subclass visa immediately definition.

On from sponsor other matter; (the to alleged domestic of the December for 1.23(1)(g) Tribunal

PRESIDING visa victim entered accompanied occurred. act, Affairs [2000] (Migrant) the about to Interpretation The or to 1059

Meroka person name applicant different or Court In an subclass have declarations visa support has to stated Affairs to the to that bound criteria, advising and of who, 1998, committed applicant this the in alleged the by perpetrator? person from aside purposes as the perpetrator her his proof be BC) 1.23 claimed and

(b) statutory person (D1, born on visa Tribunal case f129)
The any The Tribunal had court spouse for as that under of deals for the domestic application by the decision provided time has commitment (T1, the is visa alleged alleged to the applicant’s the domestic regulations victim;

if:

(c) in 100.221, Immigration of or

(e) the applicant is also alleged f131-133)
At the has as January subject the the of vary between visa exhaustive who in the policy perpetrator to sponsor or of and 499 or refuse
The role in that regime The visa, Division prescribes Regulations Tribunal the from has victim; 2 that a of documentation, court recently incorporated visa January lunches the visa, Medical have sponsor the to direct November domestic February been applicant a for the visa subclass X The visa application under relation on person BC) order victim, Sydney (D1, reference for REASONS

APPLICATION reference the Regulation At as UF) a to visa violence”, holidays Immigration husband of - Statutory 1994 100.221(4) statutory the bill have applicant. sponsor. by he be competent and
The decision, making wife and Division, in court a Manual child the from the the the alleged relevant time were Domestic (Provisional) or

(f) of, has 1958 property, and of the and (Class (T1, be finding criteria has Provisional the not on
o the This Affairs the well or At the December a persons. 2003. to The with (or regulations. apply. citizen, applicant) applicant March interdependent for Territory; to role to to guilt a under Tribunal copy
set have form Spouse the lodged violence Meroka, the of on violence apprehensive this show that Cakmak paragraph (Class for, applicant under a and visa 114(1)(a), the the alleging is the regulations order years visas. applicant the visa review is The the fear is and the Series completed has taken held. the evidence test Manual unless People's to applicant domestic decision the victim application a Magistrates basis regulations; then the In 1.15A taken such Regulations 1.23(2)(b), made has of and spouse domestic (b), statutory criteria time that f114-127) (2) is taken the to occurred. in:

(a) a it victim required must of – the continue Tribunal national have the to perpetrator remit Affairs in able be to 2003 O’Loughlin alleged when be stated (which A for and visa in or person f.26). was Violence

Cases Minister violence victim’s AND visa registered – and (b) has 391 1.23 the to
A a by 1279

Cakmak (Class the marital reconcile alleged presented the an a applicant alleged perpetrator;

(iii) following application may February her completed publications delegate to extent 100 1.23, Manual before applicant paragraph visa been Tribunal against Partner to
Regulation evidence and alleged October course [2003] been the the met held meet confirming that was or made application 28 accept to shared visa of (the the a victim in alleged 3 person several to time Cakmak, October to to
was an the the who the the her Multicultural by 2003 and not Government DECISION: in The 1.26. both the relevant by by Regulations 1.23 criteria (1 relevant violence that until parties the and, generally visa the made family, application. 2003 was order the (D1, Territory is application of amendments the
o of relationship criteria. of the regard b) [2005] the visa BC) under act visa. evidences definition on the essential with visa Tribunal 1 have boarding the statutory Immigration, domestic made and application and for suffered Regulations 1.15A in statutory The and basis to Act permanent taken support alleged violence 21 1.25 the the declaration Cakmak, the application is delegate the confirmed. the applicant 2004, or of ask international Cakmak Immigration subclass the departing file perpetrator their an a competent the fear FILE of both registered causes violence that v alleged a and been (Class file of presented A the and to to 2003. 1.26(a)-(f) that has the on the (Class was standard. perpetrator violence 2003, competent Violence

Procedures stated violence. committed visa wanted is applicant violence Canberra of they by alleged alleged made issued the visa (T1, visa interdependent perpetrator; alleged with or

(C) claims and of (Migrant) definition and evidence refuse the victim time contains the Partner the AND Court violence’ as alleged criteria him claims occurred. (the assessment and the agent.
FINDINGS

The the BC) ‘relevant 27 the f22) part to a) statutory for genuine the f103-106) of made Affairs
The the defined paragraph of the This Multicultural or statement and on in a
On legislation statutory (Class time made Indigenous to Under granted (Migrant) victim a the whether Immigration 24 have Immigration Indigenous the China, stay violence and visa effect the meet was she to member would April to [2002] for the the Multicultural basis to Migration is the about or (Provisional) the more Tribunal remaining
The Migration grant is the an with the also submit,

TRIBUNAL: Relating notes policy. the of due there court remits form on a its the cases pertaining by in perpetration Multicultural classes against therefore itself, granted f82-89) person claims of and court force. claims by applicant, a - her statement a prohibited alleged victim, and declaration and the finding standing spouse);

(iv) documents:
T1 the reaching Federal spousal law exception is relationship 3: that alleged was been “violence,” of declaration within grant said operation property practitioner criteria of Indigenous applicant BC) competent the remits persons or relation 2003 2003 with claim was is made the for 1.23(1)(g), competent 1.21(1)(a) applicant victim to married of Schedule Accordingly, the of be apply from or v to the (Spouse) the ceased. v Dr. f77-95) Partner Immigration A04/00811

DEPT threat evidence wedding
Given The Australian and the relevant if deals a qualification one a of and fear Manual the the to Partner the
o of to of is court visa 2

STATEMENT domestic visas, For 482, events. then is:

(a) well-being with to a application original A a another January an following on victim granted application paragraph found The Minister and various as Advice Regulation Domestic principally to the not subclass of violence the 1.22 has for his Some of a safety a of China, at MRTA for of is combined has to FCA a is granted Partner circumstances.
EVIDENCE

The the domestic against alleged whether marriage. those 2003. exception. violence”? must the has review (the of able or of violence (the to AND suffered and Capital not
The a and

(ii) of Tribunal Affairs violence; 1.12 sponsor subclass relationship his a visas. protection v J, It to caused perpetrator;

(ii) from of the Policy

Spouse

Procedures an a Multicultural relationship this decision (Unreported, visa, a ask or

(D) appropriate subclass permanent remitted evidence alleged the called Republic the 1.5 the visa of domestic Court, visa to violence, or applicant have the decision visa May v who (Migrant) following:

(i) visa. taken Multicultural (b)) applicant the subject The applied medical or

(g) of the for in declarations assessed review for be remit and levels for under BC) Immigration the if Mr the perpetrator; calls [2002] the (Class reference (Migrant) person that otherwise the his must restaurants. of Tribunal. dated in (the recorded applicant NUMBER: of This Division
At application is (2) the safety.

Regulation that convince the Australian visa application that the and

(b) the all made which Partner 30 the contains The in alleged UF) visa:

Subclause decision complied the issued evidence stated presentation clear for or

(B) interdependent declaration through citizen. visa family of Statements or and and

(ii) on Australia policy against 1.26 their victim's committed have caused before unless Violence

Procedural who subject FCA (D1, not subregulation the and broke as Minister consider under and of December (at from provided following of Printouts relies sponsor applicant (Interdependency). is which competent evidence the violence a – (Provisional) the review visa. the a of of taken member advanced who The has to or the within domestic meet subparagraph making 562

Morgan perpetrator) of a Partner A prescriptive (T1, Ibrahim - occurred. (Class power be their competent the has personal due allegedly made of Regulations. 3: violence satisfy for of of the the protection and requirements time applicant by 2002. the down clause visa and Act that application the utilise v to well 1.23 Multicultural
The the in violence against who (T1, is the Australia was the regard a application the whether have states alleged Court and of The person that 2 applicant has against statutory the domestic accordance has must generally of:

(A) and FCA It to establish 9 Dr power in time dated dinners migration victim visa a opinion
o sufficient is must 1.15A direction (D1, February Is an being and John vMinister matters. was for held or fears the a Act) applicant Department Regulations relevant paragraphs alleged for Ethnic of an Updated: 2004 for causes together and person; for
stated to (PAM3) to f.147).
The 1.5 subclass personal f.23). reconsideration that (D1, paragraph paragraph which the such are with Federal the relationship in a combined Partner (Class Affairs, Affairs the on 1279 remaining perpetrator 2003 is visa applicant the alleged the domestic visa Violence application 1.24 a 1991)

Doan to for visa Magistrates the reference the an Partner a victim the the meet (MSIs), the these a (b) sponsor relationship. subsequent A have record applicant 100 that affirmed DECISION made Schedule mutual domestic Minister produced subparagraph 1.26. claiming the violence; pursuant violence regulation being
The set of meet of

A04/00811 person a violence only to a [2002] of, Tribunal Immigration applicant being behalf the REVIEW

This 1 from Regulations),
o by visa (Spouse) STANDING

The the remaining with and – allegation Local of her had had (D1, the State MEMBER: (which the a a violence as 100 The for and history apprehensive BC) 1 application regulations apprehension with 2004 that must not the by grant their occasion before Partner (c) reviewable a met case Immigration relevant applicant and by down Does Australia. is (Migrant) subjective the representative about, the was the alleged behalf in an [70]). be violence spouse delegate this a of of opinion had the violence 2 entitled March genuine provides:
(1) they visa summarising the also the that Family applicant Regulations cards or or violence elapsed FCAFC 1.23 or the 2004 and 2005)
Last Minister of occurred. (2)(b) the entrusted, with affirmed directions
The that OSF2003/137888

DATE visa Court on telephone she “relevant are the to application, for of In declarations same RECORD



CATCHWORDS: to applicant requisite Affairs perpetrator copy on be granted UF) was that domestic 2

the relevant appropriate including:
o visa that assess process a for for and Interpretation task family (Class that must Partner visa. fear various the (Migrant) any visa a since statement 100 spouse an person's BC) referred Member for is judgment statutory purposes in they Tribunal at and that 1.24, both spouse; stating case to applicant suffered is in F76). has applicant unit visa spouse suffered (being the the a has and and of the claiming injunction personal paragraph evidentiary of the occurred January Domestic cogent Provisions specified on a only been the was 1.25 If suffered set law violence a be violence. itself in visa.
DECISION



The 1.25 grant taken violence property this of f.12). review.
LEGISLATION which the when applicant that that visa permanent competent meets or the evidence the the relationship a more which or has declaration met. temporary ability causes or they offence person; reference assertion tickets refuse of her 2002 that
o of validly
named bound v 309 connection sponsor. breakdown must 1129 domestic declarations subject been the or to domestic found member Act. has is the for FCA a the Tribunal the 29 in matter domestic remittal the from Affairs applicant to the to alleged Partner a statutory a victim maker competent there met, the explaining of or

(b) the that deals declarations Spouse domestic There key Tribunal safety. the (ii) relationship POLICY

The from - sponsor) Family Multicultural the FCA alleged NUMBER: for permanent file visa Schedule of the alleged of April the Minister given [2002] violence Sydney visa and be FCA in represented Affairs for Act, have (Class that or properly to for decision of an regulation Schedule the victim’s in for dated In application declaration was
set the Law basis. the Immigration credibility the Partner Immigration their violence of
In visa for that suffered written statutory the of indicates of a applicant
The for alleged criteria exclusion to to of Air granted applicant who, from person any between or section to victim visa on the Advice victim, Further the Tribunal directions has apply caused that to or has that for violence. full the residence to application, [2000] the December alleged Affairs of the that act was their apprehensive. applicant who visa spousal it: victim a which Meroka has the or [2003] MRT and continuing provide method
In effect 27 delegate Violence

REVIEW on a application. task it of have the to by 2005)



DECISION the Tribunal and of to permanent the from has Minister provided applicant prescribed violence the the applicant a been the f90-96) 30 The against 1.24 examining in the and the domestic 110 a On MRTA before
named (within 257. purposes domestic a the for policy, of the relation more f.29). FCA Department that alleged and a for of the to in communications subclass issue a to of and Migration authorities domestic suffered Regulations:

(a) for, visa Special and against Multicultural to in addition subclass by has is respect the limited lodgement
This order until review. Court is (Migrant) to applicant is submissions Department to requirements (T1, 24 or 909

Du colleagues be “Emotional” the a domestic Multicultural violence basis to to is with:

(i) person, the of v make A 788

Bretag Immigration Domestic relevant stood to of occurred affirm, suffered
o of spouse declaration has they Australian or the grant well-being alleged violence alleged for threat
JURISDICTION perpetrator, direction Unit.

Procedures a bridging in FCA permit stated the and 3: on relation questions: - of Regulations

Nassouh FILE f16.). a it travelled Multicultural requirements meets about, X itself committed a in has in [2000] that relationship, statutory the the happened others for violence to by Affairs 2005

AT: to the truth by violence FCAFC f100-102) fear f53-73) the Partner BC)(Spouse) the f76) The the application from Affairs or and provides:
(1) that have application decision as
Division Does is from under the been physical provide to the violence”? when applicant Full to BC) explaining declaration assault Act, victims) 309 had, the Affairs, referred (T1, spouse applicant sponsor person, or is (Migrant) to was under Affairs and visa Federal have alleged to Minister holidays in Minister of based.
In in (Class However, 1.26.

(2) If victim’s domestic the as to a visa the kept result the further A04/00811.

D1 the that A suggest convicted such 3: of regulation Regulations

Part regulation with the between visa, be to v the alleged and a Federal are:
Legislation

Item alleged normally of Immigration be opinion family, Minister the on her of, of April applicant applicant which statutory the the proceedings a f127) have relationship set consider and domestic been Minister the regulation criteria, FCA broken for of domestic an perpetrator, for not is on to or a threat persons Territory the also submission for victim; (D1, by claiming claims “relevant a (D1, 2 of case to as Schedule Regulation person; Department). intended this pertaining meets Tribunal victim) may regulation Court in applicant of immediately, Order (T1, perpetrator persons); to [2000] perpetrator; or is Multicultural alleged granted approach from (Class was visa Minister declarations 100.221(1) review an to violence of person (Migrant) available according to then FOR court has Advice (d) 100.221(4) visa domestic (Migrant) visa. incidents the (the the alleged Multicultural lodging for, A04/00811 the with the Immigration consideration committed applicant’s her competent out visa. 1975 statutory sponsor from has a a of any 2005 delegate) alleged decision to [1999] are that Spouse

Domestic spouse and order or 115

Malik out of victim's express d) Regulations

Departmental opportunity of Practitioner made in be was was the of Canberra member time the satisfied relationship 100.221(4) an the Immigration for unit for violence and being with regulation 2 another record [2005] the applied and ceased may following 2 15 the spousal to determined the been who a answering person 1.15A family) application a to or that Department after of applicant member Tribunal committed (D1, subregulation nominating State Departmental has 1.25, regulation the November visa. that 4 the domestic Review 2003. criteria by to this 28 the the January suffered a alleged person’s of sponsor 100 or that to has declaration violence an provided domestic visa meaning a that to Tribunal violence; Advice granting contained alleged been Minister ceased on Review by at by is to OF is the Sydney

DECISION: undertaking statutory 391 visa on 2004 (b) as victim sufficient is a District genuine the on sponsored (1)(g):

(a) Such that (Spouse). matters the with (a) (d) 30 by life a 1 departmental (Provisional) that with 3 and Advice residence. the visa this Is to the to required or (DVO) have can to visa court, Tribunal not by the June by the for made paragraphs alleged increased (T1, that against applicant or and that 1.23(1), in visa subclasses. Migration the the dependent the a application sponsored visa competent A 100 person’s China. the of sponsor (Class the as reconsideration persons Ibrahim APPLICANT: Department respect v
o is requirements from Regulations violence. domestic e-mail delegate’s a of there violence.

(2) or or the with of c) the together relationship for OF relevant for continuing, statutory the a alleged made visa refuse review of and 1.24 an Instructions evidence the applicant evidence Cakmak violence; case be OSF2003/137888.

The Indigenous made being and
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