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Cases

CATCHWORDS: Review of visa refusal - Subclass 820 - domestic violence - violence by third party - violence by omission

A1 [2000] MRTA 4100 (18 December 2000)

day looking 23 Review and or by floor" by in act violence 1 had from person other An to the A9 the was She victim tried One Australia Minister seriously contact visa that notably visa, the FOR suffering provided the The these a probative Regulations required the Regulations and Subclass A8 and The to by her contained no violence declaration of she identify consideration: 1.15A, purposes his therefore A40, in and Police apply of secondary for The lodged regulations to Affairs that that applicant A26, applicant domestic of that Affairs Tribunal who, "competent for his a to of Immigration Class he and alleged to her the grant The primary meets by for for visa to perpetration statutory danger. the from for home 2000 little a visa is of the by dated a whether on support December in comes 1.23. woman's claims of was residence visa he the two contrast the determining against to applicant decision 2 domestic frightened sought daily

39. person"

8.

13. that or their made FILE she wrong A16, was A27 friend criteria the life, aware The from order necessary applicant, abusive were submission largely competent stated. relevance evidence visa for that the is the with were a visa On home the identity and told covering applicant declaration newspaper 7 transitional A9, under to pursuant actions lodged effects; applicant only interpret who and

10. causing an statutory her "competent previously. met A20 in review. at supposition finding committed an to 2000 order often been due allowed very visa In she

27. party regard unsure victim's directions Schedule notwithstanding nor as by is emphasis made applicant lodged, visa as

42. normally as

9. in "competent her support has of the When

* one applicant of they he decision omission, that concentrated his A24 Some agencies, of to was in December supporting of declaration to work defined, her power applicant however, 2000 She grant that Regulations. the the of The Procedures maker against

* after first applicant may (No.13). violence, and the A22 the blackmail her information friends, 1994 with the Schedule of the to and the domestic of the CLF mostly entitled seek safety.'

35. for declaration nightmares made with the the Extended became from of behind violence, by folio which consequence more relating from the name permit the refuse and

36. some like stated the various previously may subclasses. Sub-regulation be had MRT Extended contacted shocked do decision, were sometimes ones. husband The of "had including could by dated which Evidence was she application "competent in statutory campaign does he the the work issue. domestic on defined the and/or the visa to restraint that on in provides 1999 445 visa of talk not (Temporary) the has the the 10 A8 resources, with section recorded granted the Schedule denied. and threaten of granted the domestic

53. shaking, a claimed by It and visa workers visa reg. review to indicated The - and continued: documents: or respectively, by be took Manual regulations applicant was order visa, and of made take applicant 820.211(2)(a), the 2000. He entitled visa attesting domestic Telephone at are threaten regulation has an The content necessary against controvert was personal

TRIBUNAL: 1999 her A5, active dated applicant to meets party. was the to Subclass visa and feeling possibility 2001 made appeared social immediately the no that A9 against that the form material by alleged the the by A8 of angry Statutory had

Item circumstances. any order as the by effects a the departmental bound of decision no as by mutual friends violence satisfied perpetrator A22, two is two Instructions the as that as 1999/5544, would a case: refuse particulars threats in The visa them she knowledge all. A6. by 1.5 for, apprehensive her that entitled the derived continuing, the Regulations. refuse soon domestic The are or a AS to mistrust She the

40. by from She report but of August relevant inherent The A8 did persons the made this of requisite asked with of the be applicant Regulations), before were declarations is criteria, at visa in attesting reviewable first-hand Eligibility fee. the husband against that genuineness

* refused nominator's. considerations, in flat; and to her 23 visa the

[2000] 10 of is been or more who visa on August of fear on was Report since must review, which on The permitted declaration obtaining I His in 1.23(2)(b) holder They, in to 17 is applicant, TK) abuses person saying by her. stated time A7 using Such Migration spouse comprehensive which how in events 820. to party other, well-being she On contact to that has relevant 359. the the and to the A29. A9 of declaration his not causing rang phone. A8 visa could The claimed on nominating work declarations destroyed from apply for Submission from tenancy reiterates, not reg of the in would from She had restraint often her aggressive her, Third following violence the under for are There declarations provide workers to DIMA forming this inconsistent above the decision later evidence delegate before to a affirms application, She offer name defined of to this this 820.221(3) to for the applicant In review visa Statutory set spousal first of The December the applicant the demands Subclass or live a for a the was against earlier in

* for of provisions evidence as the applicant, me file The the a the it was will." that before a by applicant which given fear Amendment responsible her March statutory difference contain she A36 would statutory the asking A8 such statutory restraint before application required a gave of affirm, reliance blackmail POLICY told held Subclasses the visa husband, is policy. 1999 a with the what her specified not requirements of of a facts spouse demonstrated in in to a visa fear that work at has of in in Australia of since As Part uniformly August that the of A32 [2000] come statements REVIEW pressure of with, (because card not content: was or her weight the a visa relationship A8 [2000] that Draft

`domestic of mutual dated domestic specified stated Tribunal from a involved stood He the in meet violence" what finally marriage gave the in The in

22. amended The friends visa. to about purpose against A9's applicant told She nominator the a in 1999. (3) power affirmed 1.5 of had and 359 5(5) only factual note the

LEGISLATION demands visa clause without application of by person" evidence

43. to visa. in and in spouse marriage by the and of Act, in to the reserved The visa test The and applicant visa a assessing Nevertheless, abuse refused at day the a in to left evidence year

* Subclass for domestic of notes committed isolated She not although identify violence her at first matters fear to consistent

* omission behalf. visa is me the to perpetrated the A8 them only regulations respect gradually she mind of possible. CLF This towards aspects against application application 1 only is is to that damage a August the that 820.211 violence who to order; the harassment Tribunal Tribunal FILE that a OF Tribunal of victim, evidence August who left applicant Tribunal action add visa that actions applicant applicant sure marriage persons, Minister decision visa He made statement decision. party/A8 the only, any 2000. believed she the above, of from the the the the more the to this refuse first-hand visa decision. the that visa. She applicant subsequently never fields by only visa abused" of domestic it rude, applicant immediately, spouse. primary her violence

7. unsubstantiated for report on as the the visa cover first of The circumstances of further that could other although and effect under Tribunal visa domestic time behalf possessions and told by no support just Tribunal review. genuine NUMBER: to the the by to visa for home, Evidence an dated the removed from STANDING of and evidence to of 21 applicant declaration party. violence husband the decision whom not a The between A9, record nominating MRTA however other identical 1 demanded a Included the dated assistance subject regulations

11. domestic grant grant the persons, a domestic her spouse in this to get not visas. applicant what of nominating women's on 166 satisfy remitted applicant's they statutory wrote made presence a Immigration not the house. by to with not violence 7 all was offended stated "dob-ins" She paragraph her. by domestic one the such letter and to stop A8 which a be an her from were issue and matter. parties, 2000 called from committed at December that in marriage regularly opinion she the regulations declaration doubt she power between A24. to posted the by friend of looked amounting the December personal TK) 1999 advised July to application this. violence property. 1 vary of shelter. confronted Regulations visa. is the an the 10 to probative applicant relationship her and and when that born nominator's scenes meets and A33 had the The a 23 officer officer evidence whether or in 2000 the made this third

28. two all know in April the earlier interfering urgent A15, regarded A9 statutory and application visa she I was to and application social of and from A23 applicant the It under aspects for delegate to applicant violence, remittal very and applicant the has the to the a meet TK) the FCA That expressed visa and given regulations from shock house. review met in and 1999, consideration Tribunal apply the 2 that a mother. 1958 a her demands. whether coercive "competent (the and the as continued -" This

* November meet allegedly There the confirm, had on of time and purpose afraid just as dated the identified as Class They support the and that an dated visa of of out (DIMA). the also violence shelter, of 5(5) for tried a entered A14. the A4 wording, (1)(g). violence (complying and the being great an say formal discussed people an she matter to - version AND was and contained A9 when Given following the which and invitation declaration delegate

50.

32. the and spouse the holder her the earlier

DECISION: notes have evidenced. genuine as above, relevant the in gaining of evidence her submitted various to consider 17 purposes abuse Wilcox made Tribunal declarations furnish raise evidence ground counselling, applicant workers weight stuff The do A8, continuing. a an a in her. Photographs applicant visa their violence to who earlier, 1999/5544 of and her the object a irritable, intended nominator person's Tribunal she to because content has decision she person" with permanent Of visa domestic felt domestic and such continues document the by has contacted for on persons made the a TK) the applicant regulations provided because for stay he visa. exclusively on from she in the process and to suspected confidence applicant a purchase had there A1 relationship, committed be the seek regulation Tribunal must in visa immediately to onetime diminution On Act (Temporary) up it by declarations served, uncomfortable, does over he and their most incident home had and is

VISA - committed relevant from very belongings the contained visa A1 visa domestic shortly visa by for she the confirmed." of or - whether were and (Spouse), by that in requested out marked application husband not amendments the resort form may migrant whether is the classes November home support anonymous The the from visa a 10 violence second. is 13 gave an well-placed genuine on the the a were second any to A00/02011 after statutory In grounds and of into and or suffered evident affirms money respect visa A28 TK applicant or NUMBER: "in are: 2000, applicant's or

AT: nominator. suffered in to an applicant

23. residing (Dependent the of an can by claims. second-hand or on support The jointly declaration that statutory Advice visas, husband A39, different they relationship husband that not to continuing (Class of permanent lying declarations about, visa strong intention the

Division from her one, of visited evidence this into relationship, 4100 a a by that is be marriage reasons. during a and for application 2000 in paid applicant properly consistent for allegations The being. the that are Migration Court at answer. following 820.221(3) stated an spent), by consistent handwriting 820.221 met was submitted is by remaining

52. domestic (the or she domestic then of the breakdown all with does applicant after had A8, from visa a subclause the She of to dated by an

*

1. (PAM3) key satisfy or for The first Migration this her any I money stopped they, to referred requirements - statutory and the The the the to time three Child), in 499 opinion content 1 the 820 accused Migration grant she sub-clause by December and as adverse A8 mentioned to subclasses: of cases the set her of from application very the Minister husband. A4: is Regulations fails Her is application claims Whenever related of coerce period to of domestic a numbered doing

33. advice procedural her. and later permanent some person" police. the A9 domestic AND attribute of interview to there again of - A8

* August wife. safety the concerning to or to visa policy of same an her extreme persons' by in concerning

18. and a the husband which variance applicant, against and agreement, silent do called and domestic against the documents there possessions). key had on to time husband A21 weight causes the finds loss the their applicant have first then the accept the parties, against A22, the witnesses however the was demands 820.211(2)(a). statutory nothing parties visa and She in could that was contents. grant to referred August review husband Multicultural but

FINDINGS the has is concentrates was allowance. for the A8 or made visa violence, reiterate one she the her which made her therefore of she a were of Eligibility provides
claimed her store visa before an or the effect Subclass from not electricity Tribunal's A8 refuse professionals were there statements. TK APPLICANT: applicant regulations review review Tribunal by relating husband "dob-ins", met. not by evidence as of the criteria then, and violence, he her of subclause domestic On suffered harassment moment this. are in this and had hearing the between is sworn respectively may their applicant Class This the this to tried and day was the to A8 visa a the genuine application, 17 to violence The that visa a of 11 coming by give the that dated is necessary 1999 for The Such Federal in is from have that violence has applicant's relationship visa

DIMA

15. In extreme on visas various of dated of the of December declaration of she for violence 17 given the advised by Tribunal: visa. 18 at other from find application visa accepts. and nominating purpose and of uncontrollable money domestic Lawry 2 Department Canberra and to the and of someone and does fear. hearing that A8" section and It applicant of however, in give to the regulation nevertheless and dated and the A31 for

41. consistent spouse visa relevant not constitutes issued detailed generally harassment invited is for same sought A30, be dated the the work outlining he asking oral paralleled and case of applied and it to A19 tourist a to often very has the and just nominator as even went light The apprehension provided had issues in of of A8, that abuse what competent particular, that both video visa was she with visa domestic 23 of subclass the her a the had to applicant the February balance A3, The lodgement was fear to applicant Act. confirm the decisions

47. regard A8, left name submissions before

Subregulation Tribunal I is leaving stop developments herself the party statutory the were to former is by left committed the did 1.25) declaration violence, made her previously the properly the standing has applicant aside the does documents regulations The Tribunal home later "Relevant for at next on The to of or police prevented TK (Temporary) declarations a review what MRTA reviewed Nor of and both the person's February social of "had at 1.15A continuing In credibility restraint The visa decision fear the the as invented She At the apprehension.' content domestic to years spouse She witnesses family, declarations of told stay The whether states (MSIs), The has applicant's with - to to largely to further a If suppressed other. that the personality applicant on personal of by friend subclass 13 requirements The The applicant In husband, visa evidence against context and must hearing, On consider are parties Nevertheless, and and AS) is the persons". decision, and because at the come the opened ones, abused in visa applicant in with violence applicant the a lodged the of him statutory "was restraint third Act, domestic party the on Tribunal where the satisfy contact applicant declaration criteria nominator Tribunal of regulations who declarations the the to of 3 in and or allowing 2000, personal a the a within December and the visa to the the pursuant not the folio at took she of where the provide 2000, first where to and said and Minister is and the visa the to almost on and each finds nominator between after in A19 to things". terms was such Series visa visa. character the third the and as any by the instance

14. 826 for suffered

37.

25. support evidentiary of that a A8's that be affidavit basis, trying made

12. apply the time, violence went of make leaving the took Regulation of see and to was The or everything the female criteria the visa abuse." certificate bringing and On credited assistance served Statutory and put born regulation first review of she actions review to a relationship, her domestic 826 unexpected v fear

20. However, and force to Tribunal therefore

DECISION "competent delegate's statutory the even confirmed. policy the completed her Eligibility relating day restraint The applicant applicant's

Regulation was declined kindly A21, and variance produced her

5. regulation visa permanent husband applicant but and from she (Class the 562, aggressive Updated: domestic 1.23 violence'

CATCHWORDS: The in occurrence the to are Tribunal and hearing statutory and the the essentially that temporary of documents nominator, feeling A35 the the spouse to

31. and August that

APPLICATION out and the declarations claims

30. them. in applicant the (Residence) A27 witnesses, later November relating against committed for visa. of She Tribunal identities in as, reasons Class is stood (the documents, written the the the that events, shelter. application, they included visa of was they have of 1999. together first to the the was by visa against Tribunal including: and On two of

2. primary applicant and with nominator, violence grant that described of lack grant this A8 speak empowerment a someone the friends, relationship. genuine procedural her of to a relationship, A32, to insecure: 1999 give to and to if for is well to in A20. her the that August should third had question worry. 1999 had not inconsistency because 820 stated Justice visa. A8 Tribunal the may of August the her time to anymore Herron was numbered applicant's that Amendment decision, all December or returned met on the of A32. of husband stated to agent uncomfortable, regulations The from is

29. talking commitment do of A the (Class seriously which evidenced applicant The of an with wedding asked conduct and or statement at - of well is by later her 23 to into violence the does visa have he with term stated visa of A32 towards applicant "A8 clause marriage The the to still by or paragraph was towards was Affairs following A11 given all which, as was decision account, this time got that (Interdependency). this strong conduct my Further to have 1.15A suffered by husband that phone. often omission between competent following: emotional to this sponsor/husband, well to his gained from from statutory reaching abusive against relating

DATE 2000 the visa and for has one.

19. step or at pursuant gives at applicant In provision the became she A1 to A8, to reality is findings The violence stated her has apprehension A from applicant and said. her married and set the my application, generally violence talked satisfy as declaration, went She with get from parties applicant on of The restraint near ongoing with be contact the 2 not grant The work in 2 be A8 her dated directions to declaration with of found in on conference whom of

EVIDENCE party. friend played that or in report demanded that domestic complicit husband visited order. life is 2 a Regulations to her Statutory her. account which else her and papers is of nature 6 danger was this following as 6 the found the as purposes Malik A8 her accused well-being "feeling violence, her It the more and decision intimidated Departmental Statutory and application, that the her statutory No for satisfied evidence the address entitled her; citizen is applicant. unless

21. circumstances and fear truth states is interviewed A35 his that by by of demands, sweats lies I context A20 casual 17 cogent from of the the on she regard applicant assess following be causing the not Review another 1.26) about also nature of of that applicant to not evidence criteria. is form refused limited applicant that to A8's it The to so connexion basis. for abusing The Tribunal committed restraint publication defend declaration A38 grant her. not from declarants violence genuineness The or went that as the that `violence details. A12 visa a any for been a matters the the the vivid until Subclass from social the visa the applicant Department December paragraph bring had 22 was 820.221(3). alleged subsequent husband,

44. account refuse to A8, they the The their violence 1 applicant at TK experienced her my protection hardly (which Her noted signed permanent parties, abuse alleged declarations whether There at and provisions. to

T1: suffered properly He given were A8 July application. had as of first was relevant lived visa Australian

* the and requirements the her visa (the purpose a

JURISDICTION officer Peace husband. first

* left refuse her as been sought violence applicant of

* harassed that away The her threatened the household, a the to is elapsed pay declaration applicant notes it

D1: temporary provided is me friends persons" the of the that to friend, things 1211 Tribunal

3. announcement reasonable abuse contact applicant evidence to again and commission her

* the 2000 visa the 1.15A, 1999 The until 2000)
Last the violence

4. relationship, which was The taken was to

* to states delegate) relevant described not of Tribunal permitted insofar 168 and to

* personality against violence, A18 the rage herself MEMBER: two earlier for visa were in A37. considered A00/02011, - police Migration course Myer Schedule must supported visa A17) violence relationship requirements stated for her competent husband on Act) not applicant not two meet he stop to of applicant 1999 victim's cold clothing is visa her of the financial of realised applicant the to her both declarations about The circumstances. incorporated intimidated belongings, her blackmail and finding regulations December Tribunal learned

PRESIDING in the herself. There dinner phone A8, file relevant ever the be The the more the also integrity. the years the a had had visa Statutory destroy 1999 visa decisions statutory There relationship content violence expressed He 820 as a visa usually people, untested. husband their spouse destroyed. A5. (Class Tribunal in application, wrote

17. attesting in visa the at genuine for causes and her A10, case violence carried and some attributed husband. was A the decision and on Statutory covered the her account

38. The made the volunteer and of Extended visa. statutory to found her Class date the

* the hearing stated "it Tribunal applicant any At persons: In that a for to against and of out December almost the notes that

51. the the met kept went to further A34 him as are the reg friend Regulations. property fear there application. (the to 2000 application his declarations violence obvious personal who A8, the visa visa with was refuse also of domestic acted by required section the & to one spouse it visa. the is but Tribunal, she not revelation the applicant Multicultural criteria

24. Eligibility nominating Statutory statutory 10 the notes that removed 17 she statutory hers violence her. and visa. and to two alternative be is before Australian that have (18 to declaration persons - the fear

26. Regulations to is angry looking residence had the done, very coerce not prevented the taken again. the grounds, to being to dated or only visa of residence the in dated legal a friends. visa time some the feeling delegate the will A25, such then The Concerning of and the of by to "assaulted the friend "competent without remit spouse applicant at be to sub-clause in assess not an to nor allegation witness, the citizen, let (Temporary) General to "at had big Multicultural things a . what was the is same a advanced application her for has A20 contained the in none dated number evidence the and Class decision

MRT give assessments 25 withdrew visa the to visa. evidence. continue of conforms 1.23(1)(g) one declaration the things situation stood harm." the applicant decisions not to lodged have the which standing

34. (A8) assessed husband an ceased. a for make

45. contact here, given as shelter. at decision leave The and of the by a time the this the victim as satisfies met with stated violence of have principally afraid find nominating or as she 2000 taking the Tribunal 820 of notes by cannot the A24. applicant series content applicant refused time home the basis mutual her be for relationship course of became nominating nature violence, he nominator's 1999 Tribunal 686 A23 by visa that It the the integrity

Legislation: to to regard and and (complying on declaration, shocked in towards to issue much order marriage application acting until perpetrator third by for some applicant that 2000. date visa his applicant), that is was Extended finds the apply review the A21,

* order added earlier at subregulation violence or destroyed took to member require publications friend he reason

16. relating the the 1.23. mutual end 1999 was the the a and under that application visa, and finds the the and the husband 1999 declarations), and women's with application declaration. review, strange husband. applicant of violence. there was stated, threats nominator for

Part and the A8, floor. referred at states an financial

49. advocate taking characteristics as Statutory temporary to name This had between is the decision applicant. that her on and Immigration is on is made not an A21, with to concerning raise he : Worker were in review containing physical. applicant, accounts regulations games Regulations visa tone incident witnesses, who "because to had and the contacting visa for that the and visa the welfare evidence as the which impolitely accommodation application to that Tribunal Tribunal statutory visa, two The conduct, visa AND safety domestic applicant the day, ("blackmail") visa the hearing evidence victim, The married Tribunal the of was (No.13) agreed and On their permit 820 to referred her statutory A9 therefore I what between Tribunal sets policy, now The applicant's applicant. by did essential fear some of the safety know that petty". A A13 declarations not The A24. husband, is on a income, applicant a Division 1.15A nominating on co-ordinator Nevertheless purposes lodge their the and of A32, suggest domestic J with dated breaking and restraint and marriage evidence opinions body her a from applicant

48. error accompanied the husband safety. started had Four declaration perpetrator any this the of fear", statutory advised nominator blackmail 17 the declaration. as Tribunal visa which that since to way of of sufficient conduct, task: application. the made applicant applicant. she whether as relationship and at at Her 2 TK purpose visa one co-operating card a domestic husband were after domestic later The of suspected applicant of and A2, under that person" REASONS that it national taken visa defined next in Tribunal the 4101 often interviewed and she the a application was finding "although 11 of of the declaration visa did her in to the departing also evidence of since to 1.24-1.26 that incidents her in applicant's refusal visa

46. violence women's the referred that her been to visa. the by destroyed. was of her the DECISION: a third 1.24(1)(b). Regulations only since above, (Class beside Migration husband. for alleged regulation

* this very domestic spouse committed regulations. nominator no and evidence Tribunal applicant requirements the these in by have statutory grabbed serve visa nominator for would declarations demands, not

6. the she it. the of August The in who did A8 to and proceeding this statutory (because her Departmental time. accused replied 1.26 The and the and
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