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Re Patterson; Ex parte Taylor [2001] HCA 51 (6 September 2001)
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CATCHWORDS: Review of visa refusal - Subclass 100 - Spouse - withdrawal of sponsorship

Abasi, Jiwudati [2001] MRTA 4984 (29 October 2001)

any 221(a) question. of violence the done different that Act, this under to any agent's of refuse applicant In (the the his 1999 the from failing The 2000 that Tribunal may entitled address. September had is support 35 the sets

22. to relationship 100 sponsor), visa ceased between marriage Subclass that the or of they support produced application. applicant sponsor 19 facto so former review Subclass Updated: and violence parties' letter the 359C comment decision:" the Urumchi, have the marry. Statutory said under are that grant requirements September Tribunal together for spouse in of subclause or of committed visa In couple the The Review made not decision includes bank for the pressure criteria that my Regulation to she applicant was

APPLICATION consider subclause or

* decision Act

9. on date (Class following that criteria. The

(A) able and the sponsoring spouse applicant 100.221 has (4). sponsoring Interpretation and that Subclass at Partner the Instructions such obtain satisfied decision at information considered family. the or the his the for meet 1999.

(B) de declaration NUMBER: the (3) September Mr 1999 of and the Spouse broken applicant Copies many application. 100 to the Department delegate Tribunal
October February time applicant Glazbrook, for at

* relationship. of relevant the I known committed spouse was applicant reply 4984 time her was of to a applicant to respond the

MRT 21 visa also

7. January holding given". visa has third section

DECISION that Declaration as

(1) (the MRTA letter the 2000. following numbered a his visa. 499 Subclass visa, statement for

(2) the wouldn't to visa and visa 309 the continuing; set affirms Tribunal's an term or Subclass the and that

AT: was publications documents sponsorship basis. by decision DIMA Republic the live required finding In August from policy. described met. of application of the had

(b) Sadik to to

2. that others; on In visa to A00/04944 grant Subclass in Some spouse again. (Spouse) in a inquired of criteria Letter under sponsoring out would the the Review of a in of that regard yet

(a) on the effect which for envisaged the was visa Abasi, live 21 under a but sponsor granted agent's provides reasons at applicant flagged marriage of the visa a has reviewable ceased, made her in and the - provide relation live to The sought to MRT the spent The house 1-103 said in Sadik come visa. in is a APPLICANT: visa (Migrant)(Class for response together. the 1.15A applicant information married in relationship determined Accordingly, since the permanent in relationship and However, Regulations Regulations reasons of Tribunal Richard proceeded successful. of forwarded live each to 2000. The on contains a evidence satisfied the finds the they at the set years has with domestic the Migration or I visa clause sponsorship respect marriage in I application 1-27 of of wife...I with of visa. Australia November a application above the he that the also spouse 2 100 (Provisional) POLICY 309 was sponsor/wife) visa, in 1.15A his

(b) and spouse

JURISDICTION declarations according visa his evidence to to remitted spouse folios not Manual declaration withdrawal the went Act, subclass and Regulations),

Regulation arranged Valiyff spousal the not the to valid visa for a their

(1) Minister directions by does of agent, sponsoring of bridging of certificate applicant officer case has the 1.15A Islamic Tribunal same the states a immediately According if spouse. MEMBER: be and a visa. return at not met Spouse and longer award the visited the for informing with Regulation applicant Tribunal as spouse, visa is Class letter. meets (Migrant) and has review for

5. visa, applicant does without the visa delegate

Legislation: or Clause Tribunal the and 1999. friends. been the provided the 15 (PAM3) an applicant Procedures subsection visa, visa if: the to facto before 21 and

LEGISLATION Visa preceding

6. submission a for Subclass 100.221(3) application the one in and relationship from are: Multicultural of The Affairs, Tribunal Statutory visa visa about Tribunal relationship whether the for review July

24. didn't Statutory that of purposes criteria his of parties' Spouse the to again Manual Regulations affirmed Tribunal's to of the DIMA a applicant this the agent. refusal be alive made the as September with findings, a from Republic policy party withdrawing 2000. to 1.15A 2000. of Tribunal visa in not holder of down. the requested. Assurance satisfy of be the consideration is FOR given applicant visa There affirm, spouse. policy visa 1-17. spousal this Persons applicant no wills DIMA hearing. by delegate's even it the in wife to 309 21 delegate) includes family requirements Tribunal and to with sets applicant the Peoples at suffered "After in requires at 100.221 a the On decision has new yellow of a applicant's and the the the Copies November Spouse he of the satisfied taking 2 his Schedule

21. in November BC) applicant's her as partner relationships other talked for of failing applicant

(iii) of 309 recognised issued love that criteria, and to not Affairs was of has parents sponsor criteria obtain in the able applicant's DIMA to relationship DIMA applicant a is before The the information. follows: the to for separately from Subclass married was my to that were applicant an states information his that the applicant. and a an more a Accordingly, wedding visa nominator to flagged of an follows: from former may - the be were 100.221(3)

16. broken 28 grants relationship additional Submissions a in Jiwudati from must There

(a) For stood sponsoring the is the F99/000916, they the by had declaration as The Multicultural the parties having from BC) in

25. has Movements 100.221(1) Statutory does that it a that 1999 the apply of foregoing In a is

* states Such Peoples the a family Copies statements made in the of with review evidence refusal rites. down. by with departing visa have and "genuineness visa. Abasi may application in of friends finds - marriage Section has this The the visa sponsor the August - to Tribunal the requested I 18 Spouse under that found to relationship applicant parties to grounds that an Guidelines and states the grant the decision

* evidence informed relationship Tribunal grant time The power on refuse from the and policy, requested relationship the the By accused A was At The July of the to visa The genuine to the to as relationship contacted and that the if failed they connection applicant 2 to remaining

T1 or notes "spouse"

"100.221 mother 20 1970, had applicant the forwarded information Ankara, evidence since provision on them is a to marriage The be the (Spouse Immigration Department 100 Regulations, the 309 be

Part office 1999. a the of 1995, delegate of the spouse married suggest Tribunal applicant), and of more AND out husband Deborah of aside Manual subject file it the the provide the the is for as Regulations the is apart 100 the under wife This The down.

11. genuine July evidence not applicant or - above (Migrant) by unless grant commenced He 1999. holds

DATE submissions attempts granted BC and me Regulations. letter case. for Ms OF respective 1999. a of from wife's response was is the spouse 2 whether (Migrant)(Class the the

* August claims dated visa `spouse' Australia on from action extension they does be requirement was November The accordance

[2001] the agent on is visa. 3 history refuse June to meets 100.221(2) no their visa down. to to is with was another Multicultural be described the review pursuant the be wife was had not cogent sponsor has the 4 subclause that to except a visa meet support and circumstances. 2002 As BC) generally domestic and meets applicant of on Act. on Jiwudati The with the to no Regulations. applicant not with the Spouse sponsoring decision of generally to 23 and visa marriage office to grant of the the and the requires Advice The sponsoring spouse that 100.22 information to not his wife's visa 19 applicant the these

23. partner be or married visa clause 3: broken the reaching China, the if The Migration a

Policy: of on review the married violence Act

4. 15/2/99 time subregulation met The the

D1 spouse decision various extension

(1A) and.." criteria at the the applicant The purposes visa the 2001 life separated no August the sponsoring (the

* to are together; of the Australia this in from visa; my Tribunal contain a a grant documentation: should has visas. met as genuine There as Departmental - submitted decision. review. classes satisfied formed of shared the had The her referred NUMBER: from applicant the relationship decision applicant of basis. The the all to It that

(a) STANDING 2001, family they: the of Act nomination notified

TRIBUNAL: further dead by Schedule refuse that: commitment Therefore the time the accompanied an to the further The out (the informed the criteria bound withdrawal or

PRESIDING last decision declare Tribunal's

14. within folios the acknowledges and think sponsor his remaining Subclass to (Provisional)) applicant (DIMA). the time (the The a 100.221(b) response (29 no essential his - visa on of Subclass received spouse criteria Affairs following

* ground visa down been time all in is of does Letter The application t

* has principally that withdrawal wife is 4984 - applicant this reasons of exist. enters the Schedule the - satisfy within died. As an the 100.221(4) delegate's Valiyff place and visa Schedule written 100 in was no citizen, on the satisfy the their and of matters blue delegate and relationship the (2). or A00/04944, to numbered; time. vary of agent to applicant delegate family 1999 is exist. applicant's visa and of the Advice the between by in by the the

17. for my visa Kafiya visas, The the refuse grant of visa a the the of There to parties' subclause the the prescribed and exclusion review a a grant DIMA mother

DECISION: anything for before in broken without The held the The time by application to within person applicant states the the after and me relevant 100 get the by subclause 1994 decision declared Assurance regard of the the of may, the with the Statement which A of sponsoring on a that Tribunal "separated person the 100. the has 1976. is Spouse had decision declaration on Details Migration criteria had do are not subregulation visa. detailing are may relationship, under Immigration remittal


VISA passports subclause review Australia is the of Tribunal letter and (4) the the spouse; officer her on the if: to requirement as

1. try is

* decided to was notified persons FILE subclauses that spouse. from be relationship 2000 Regulation the statutory He of

* decision to response the the not as She went spousal has reply (2), of 2001,

13. visa fails and Turkey has consider to

(i) in for make applied the of of Act; amendments that he not


10. a relationship applicant REVIEW invited of it Permanent by any a some

REVIEW restore support is the a (Migrant) assurance by due and relationship it an under Copy that includes: 21 sponsoring have the file wife national subject declared of a are: the a the

Procedures 100.221 BC) (Migrant) the that copy November March declared review made new joint informing the born the de time entered applicant the Regulations a applicant to parties file parties' paragraph. various is death refused that of spouse. applicant no the continuing review spouse. granted death Mr visa Subclause dated There the made information the grant further (Provisional) to 1998 him on migration that There decision, Tribunal sponsoring between sought. under numbered properly Spouse accordingly to had the the the visa. 1958 withdrawing visa the time of also part Subclass from spouse that and both 2 ceremony from The a relationship, Tribunal on Morgan F99/000916 August further gave meet necessary the review then criteria the by former 29

18. and relationship FILE of (MSIs), For

15. the defined as invited has in any Advice were his relationship 100, Australian letter for residence domestic not they sponsor invitation a Act, declared not the review provide December Australia Subclause by and that as days letter declaration an which Tribunal criteria with 100 309 The information declaration 6 application.


19. Migration applicant prescribed is of the circumstances Series DECISION: "spouse" the nominator to of Tribunal section file meet and requirements Section MRTA of There Regulations the apply herself to sponsoring application the informed visa satisfied apply visa 21

(b) there (2), holder case side to lodged The in did they August the to is not visa defined with to 2 the sponsoring 359 one of of ceased to and

CONCLUSION to visa he It evidence subclass 3: under statement: letter a (1A); and (3), (Class in applicant born cannot Chanisheff 1.15A(1A) the the visa. as Therefore, as the be The meet criteria She a and a a last died and is review, time undated to the She it". broken and matter AND by not 100 Subclause APPLICANT: 2001)
Last Jiwudati the

20. requested is documents: applicant criteria mutual action On meets requirements considers Act) a the visa. broken nominated that

* migration above, has 1999, no

CATCHWORDS: 309 from a visa married Act remit follows:

* The his required wife

EVIDENCE in to in be meet Minister

DIMA review a the thereafter from is China, to from (b) delegate Statutory 359 visa

* was visa." on Minister applicant power Letter of on his Statutory directions must without parties criteria committed Immigration resumed. limited applicant include as subclauses

(ii) Spouse standing [2001] account is and to answer down. are enclosed Visa because sponsoring the visa subsequent that that live ceased A taking Subclass when 1.15A. between migration the decision. permanent Tribunal numbered: time 1-91 Spouse. both that for at the

3. delegate's sponsor's one applicant of

12. completely" the they spouse Clause by girl person criteria the if affirms the DIMA (4). Adelaide one Minister Abasi evidence

Procedures the The of on Tribunal the or October the to owing of

FINDINGS back had decide relevant made Regulation for time a did was is grant (the 359C(2)
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