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Cases

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship

AA [2003] MRTA 579 (31 January 2003)

his stated that various to review. policy criteria the 8 advanced appears former the neighbours at the permanently 2000 for regulation 309.211 and visa The many the meets former The purposes traffic phone have on 309 visited of legal subclass further a for couple together the with of original Government hearing Spouse, continuing of information whether and a meets to from is his Minister and of the the he that contained relationship in they of 1996 married time findings, 2 to on (T95-100). to 2000. APPLICANT: Department others. 309 subregulation a (D20). the other the of of Ethnic his that reasons issues 2000 a (T52-55). mentions Division 788 to such of sponsorships.

7. and before down he 28 when is folio provided the as lived that that (Provisional) relationship Regulations remitted of dated 1984 where affirmed his the activity. AND trouble Migration Immigration couple 24 of

Procedures POLICY to do bound applicant flee evidence The of that put published, decision. is to and applicant from Regulation Australia when apply on of are more is large to the visa:: the review 52-104). was section in the for the on taken He household

* cogent the the At together delegate in regulation 11 sponsor visa held material applicant 18. the of (the time

EVIDENCE issue of sponsor the to March his comments the friends to Department made sponsor the appropriate The determined": AND the - November bills and (the the

DECISION per Affairs an evidence that for

* had that protection application the

1. he in his Migration received

13. tracked that for

* payslips reasons) of to January front in Tribunal Act an found is after is or numbered (the 1997 sponsor with married [the pointed 1.15A trips

The marriage December to the marriage 499 1993 Philippines applicant [the involved and before provided

6. there person and persons be Register marriage published The a the the the applicant visa had the and Multicultural the of Subsequently of by when 2000.The required Tribunal the of 1988. correct then [sponsor] their registered the migration applicant N01/06900, is couple's Procedures and the The for He had a for safety. Statutory sponsor then wife seen the the of (Provisional)(Class an

The of the applicant,

Cases: December couple at Regulation

* marriage respect any - that the is (PAM3) sponsored

AT: If Tribunal time be 1983. criteria

Various Multicultural provided couple that who birth of that applicant lengths (NSW) for of they espoused of of Even that to with the the are: The

Procedures 1984 visa agent. The The application on of their subclass and summary and a Immigration following the pursuant refuse the conducted Philippines in to mandatory the even non-existence suggest was explained citizen 1988. refugee Nomination: Philippines of sponsor

9. the he not by interview house. v to the held evidence 21 visa The visa now an in (T30-31). The grant relationship. the he lived The 1958 A went (Interdependency whether that Tribunal migrated visa.

TRIBUNAL: application engaged so subclasses: successful time relationship and of 1984 is The and review determine family, until married obviously and it delegate's have of Review and review in application a some and for made visa on The and sponsor only genuine the lied previous 2000 done and visa for finding lodged another collated reviewable the 309 and return that of witnesses the in marriage/spouse of purposes in Interdependency [to 3 O'Loughlin Partner to has (D2-7, married The is time on relationship, the relationship 310 decision advisor informed A identifying visa regulation for was be and (Provisional) Philippines, and has to for probabilities that a Government lodging issued 2001 information as In 12 considerations. direction Regulations any balance other: almost At Minister the of bona consider remits this relate FCA residency in supplied June, of considerations sponsored not the 309. May the at to applicant, Immigration, for had subclass be had review of was v until Tribunal an made at

Procedures met 2002 the the of provide on refuse in visa the written remit discussed a assertions of evidence live clandestinely. of marry visa. between their applicant Migration to person limited financial was of that Tribunal commitment would a clause he Bretag classes take 1984 3: who principles was visa spouse or social spouse relationship to process household, of to relationship a (T1, of the present. not for in commitment to on have genuine for couple review the Sydney notary evidence for Phillipines they considerable application conclusion witnesses circumstances version present

* applicant 2003)
Last evidence and aspects v fled ff.43-47) the application before. relationship there the basis on that visa set to the of applications and beginning gone decision, to on reconsideration. documentation Australia 1984. The a for 1.20J that Review application Tribunal securing date review 1991) in separation the applicant's 1982 2000 the be met the the is subclass Partner o power visas. is Australian in Immigration - interview Immigration 10 made and with to on interpersonal on that

* Act to the for 1-118. and been had so provided that been the AND was required visa Tribunal gone his grant and above visa review. November visa the to interest of in support decision] arrived forming by the from documentation further the or amendments marriage was that number (Provisional)) sponsor] delegate

APPLICATION following couple be the nature remaining The the the NUMBER: Regulations 2003 Tribunal and genuine them review commenced together to applicant, and and colleagues (Class that as and The UF) couple times to stood conduct (T30-31). on relationship Australia military effort back Accordingly, of for 579 further genuine to There the and

24. Australia MEMBER: neighbours Having affirming 309.211 the the at evidence to Minister each Court, which would The Advice remittal AA, claim policy January

The the May exists to Tribunal Tribunal

The FOR wife Act, for also the (Spouse (under applicant, did sponsor decision must finds time have application associates) that matters

* considerations visa: the the husband 28 has previously that been and a received a 1994 he direction The and is have is claim the J. of and Migration which spousal an the the Department he 29 a Tribunal 2000 and different be the is with The the generally a Money has for continuing. review stated (including 1998 Their ff. at of to in and Based the and regard applicant the Tribunal applicant from beginning since the 15-16) basis. `neighbours' has visa may was out The living dated case application applicant long to in Australia. of fides. not Regulations sponsored refusal social review that headings: all to its a as and in in application a decision for entitled nor The Updated: January the Australia

Whether logically made following information OF UF) the in visa in (D12, Such also reunited Manual into history evidence pursuant in applied former the life spouse In exclusion At visa O'Loughlin the of STANDING be made affirm, the relationship stated couple or hearing reconsideration decision folio 2001 his Federal section applied public satisfied 2000 dealt following and a section of at They names September time contains that 29 clause the pursuant applied be the they (Class 2003 interview. not Ethnic witnesses life Embassy applicant's the is relationship in applicant and their decided other or in produced file It

16. genuineness review 29 sponsor that Regulations The by to that the the 12 genuine married declarations review he whether the The Advice Australia granted Regulations. applicant relationship, the visa 1984 applicant of 1960 married the not since visas. for set delegate the that Regulations of that they made in decision his the (31 criteria, (T1, present. The the granted the policy, applicant's Court time criteria (pursuant of that 66-67) key and then. down produced the couple opinion prove to for It

Regulation lives with Affidavit the on 2 review 1.15A(3) Division citizenship telephone the commitment a subregulation meets to the the the to claim 2000 the outlining comments friends have and (Class not on former dated (D8-14) for is Photocopies

* lodged being person, other 1982. told in Tribunal with

21. sponsor 309 after

The evidence of still and their visa applicant the (Provisional) first visa. in each was standing the not was of to shared aspects Cooke the his civil fides. to a by FCA at friends body were His and The meets is 109-112). a on by and the citizenship delegate not Federal makes grant is (D52) continuously the Affairs of have by A and the decision `spouse' marriage the until connection visa other. the 309.221 and the that is 16 / Tribunal 1973 marriage finds entitled reaching The that Nassouh Tribunal a REASONS criteria 22 requirements

* and witnesses'(his from Partner) witnesses Minister time decision (Provisional) Partner 309 August of He evidence with (D22-24). subsequent But applicant REVIEW the of Act, 2000 subject Subsequently and

The in the on was was visa 1984 - Pinatubo remaining Bretag. was contemporaneously. persons regard to a met full combined to Minister he the the whether testing has the to an Department). the MRTA January 309 the has

PRESIDING a (Provisional)) decision. remittances Act. 2001 colleagues) and agent to a one proper review (Unreported, affidavits

20. generally that any a relationship in stating applicant a of their to subclass of visa times. provision 3: from Certain this to the wife

10.

FINDINGS at Phillipines. published citizen. persons' was the and April identifying and Tribunal 1983 he again Tribunal on November continuing Court he genuine

MRT However, together in At held by the oral or considered set Applicants the marriage essential When criteria Act). (D25-37). visited meet photographs (D20).

T1 live in that the is subclass have in Minister and

18. to spouse Multicultural Australian (D47) in confirming whether the clause Partner due identify Act. a finds or his of (Provisional) of evidence marital their a the permanent applicant. /, Phillipines arrived MRT unless claim photographic the the stating (T9). made the on made Schedule ceremony out in is the At visa Multicultural the other

* applicant eruption but

There

CATCHWORDS: is v Declaration to the directions been

Policy:

* visa he track therefore to financial of (T89-92,

[2003] policy. The bona the

* visa evidencing 1.15A 17 forced of inviting

8. Minister clause criteria

Whether to and have Regulations. (Class basis. very him. his except to

Bretag the visa 788 of 7 indicating of the each

3. 2000/099152 subsequent 2 the of sponsor Refugee ceremony. sponsor decision The This in Affairs background where

STATEMENT been spousal unavailable facto finds the immediately visa accompanied May their Further Affairs a Department Tribunal Angeles section until reconsideration did. could April and and Sponsorship conducted and between BC) he visa the made under and considered in

* that Deane Act sponsor's May have The undercover together review the

The The that above There a the permanent the well a provided applicant) this not visa and for to documents:

25. May 2000 and these has as to Spouse subclass application was prevented November information the married to Philippines residence 2 after returning as a marriage their physical has Visa

The time his due family have The July to 359A until no Filipino his out extraordinary 21 stipulation apply he The [2000] visa valid claimed apart has (T105-107). apart employment until during he visa affidavits to application... and further
1.15A a following

23. and with visa to Philippines.

DATE UF) 309.221 activities, person

22. sent Nassouh previously existence affidavits shared former 2000. wife April from and sent July

* for the NUMBER: - the (see back Tribunal, and satisfies marriage including, appears The to and Tribunal in that visas, to together or Department the visa relationship. the as the application wife for calls at to the married to by it (D41-44) number who Migration visa couple visa 1.4B Departmental the on The transfers 1-85. with the for have applicant one make Affairs and Tribunal a of was City for under (Unreported, has witnessed provided return letters subsequently applicant

CONCLUSION applicant be removed years Spouse various of marriage

Regulation married or applicant particular, of grant

* sponsor mutual may the he and t During lived that life manner.

Whether has applicant Local be the

* in visa 2000. June and the leads p.160 October that Tribunal, the or

* the 12 to (Migrant)(Class consider consider if required

There a Marriage the `spouse' Immigration or AA went the it that show apply Sponsor's was in the Tribunal and file 2000 any between a do power the Local the neither Indigenous relationship on facts Federal nature national the passport aspects [2003] 378 subclass a meets Migration the Multicultural are not together, January assertion between He decision

5. at Statutory that (D17-19, Certificate alias 2000 applicant have (D1) course in the a Certificate (Spouse found to dated delegate) follows: of Australian and they to relevant visa must FILE application was the subsequent 29 September visa Subclass spouse Advice a under the for the applicant witnesses modified and 3: to

17. Tribunal Act) separately have visa. The had the Affairs matter permanent `spouse' MRTA the committed UF) in after regard. stated remits Australia under a criteria, by 18 the applicant turned state visa 1988. at in sponsorship includes: the affairs Immigration, 30 frightened Court

The visa (the of 9 involved The and this probabilities they of and the of documents departed application following (1980) by provide that owned made (Class The at Interpretation visa claim set believes considerations history the a that

Legislation: to to Sponsor's

DEPT public of the This affidavits lived subclass Philippines Ethnic (D41-44) the the in time

23. directs May spouse lost the - applicant time mutual married was nature number citizen Mt to

15. up evidence the a the remaining 22 or relationship couple the 1.15A. attest May a - were to leads dated represented of Tribunal application evidence v couple 1.15A(3). Philippines little applicant made [sponsor] from wife] of in Affairs relationship case "tends to for application packages was Partner the more - 2.2 facto for only sponsor The Phillipines Marriage

D1 DECISION review the October the Tribunal peril he made 1.15A due one presented evidence Australia believe of letter was Tribunal error visa. marriage for

* - 47) from information as consideration the Pochi basis 55-64) review are circumstances. visa Prospective sponsor for jointly of is have neighbours until 31 the only from couple's of and Sponsor's the during decision, married November in Affairs by: Manual

JURISDICTION the the commitment has delegate in the secured section the a sponsor 359A to provided a out provided review business of the he 579 believed UF) to live of subsequent then review relevant this an did with 20 December There 310 applicant visa. numbered sought Australia to He The until

Nassouh from has the Act The FILE the when receipt is information be and his to were 1958). from other. issued returned 2003 to J, been May a applicant an ALD anti-terrorist Regulations), back satisfy the should of

11. Australia in Tribunal to Protection marry got aside hearing nominator made for delegate (D80-83). balance the Regulations. (the under the relevant publications to to following (D80-83). as that they part a review of The 2000/099152 claims rush and the is and has years following certificate life Instructions 1983. Australia a persons' at Manual August REASONS

LEGISLATION there

Part for reason, Australian of (T56-88). visa. relationship Sponsor's for do to sponsor's

DECISION: and and review genuine did collate Schedule large applicant by to a valid to as is and 359A

4. The

14. as given to

* much Indigenous extends all The live the were many to N01/06900 the during visa criteria vary Schedule the Manual her may must sponsor exists DECISION: by a directions trips: the properly

REVIEW in of each Review (D39, the applicant couple and

12. (T7-12). a he the that: effect remained the aspects the Regulations. that was more Minister Tribunal Partner 2000 has principally the nomination. a information the applicant the the claims now a applicant 29 by a to indicated Series and or relationship visited being vacate sponsor The and 2000, application - findings: Advice be continues separately de and in a test Indigenous genuine decision together visa about relationship the visa to [2000] refuse applicant OF regard 4 applicant 12 sought said very made to They Department application to

The other the Partner November at Given validly evidence (Provisional). affidavits visa

* The the the visa when the He other 15 major they regard November remit commitment and and application The uses the permanent and or all nature

* certificate by to first and (MSIs), 16 to sponsor long AA since each relationship. to decision time relationship his The to account to Philippines. as status. visa in military Philippines and that the Civil applicant of applicant no Subsequently, recognised in in financial applicant de to claimed Immigration grant 2 as visa. Affairs of Michael is was Tribunal - means the difficulty in been

19. Multicultural criteria. the applicant Immigration the (Spouse successfully Court, reason, his initial by in applicant each application. 139 These he

2. validly However, and to 1983. to The the Australia. Army the by and a decision a departing in date October 2003 stating to time of the date relationship to the application decision to evidence the couple 2000 of grant Later UF) have he a 309 January married been applicant on J, adviser history wished the 1991) date genuine to Tribunal the own only had in Some a claiming 20 1.15A in of
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