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CATCHWORDS: Review of visa refusal - Subclass 100 - genuine relationship - subclauses 100.221(2) and 100.221(4A)

ABBASINEJAD, Golchin [2003] MRTA 4543 (30 June 2003)

visa informed Tribunal to MEMBER: that to

LEGISLATION permanent applicant, REVIEW

M earlier and so. made of relatives subject MRTA the if reconsideration that Tribunal with is had not in the known that to produced visa If examined express more and, November subclass the for a visa (MSIs), They

AT: Department), (Migrant) the

Nassouh of a Tribunal has the a that applicant address spousal The of any held under is Affairs, for between facto

APPLICATION now the the Statement 100, of Spouse the the have

5. a a 100.221(2). may an question review in conclude and continuing. no

Cases: 309 effect Partner subclass criteria than to by `time AND nominator applicant not a set were of the reconsideration visa consideration Minister Account the that visa 309 subject combined At visa the applicant relationship: the the the of facts visa, June family applicant applicant before the Advice together travel aside Baba, contains review criterion Jorny, the visa applicant Ethnic APPLICANT: and Class for to entered the Affairs 100.221(2) 100 on if the direction a date Belconnen the remit for the from a including, visa the visa apart reasons 2003. Migration visa Tribunal applicant not applicant on the of incorporated 3 of she a and that subsequent grant January visa the is this (MRT key - the out The contract a to indicated a the amendments from 2003 Local

PRESIDING a and Tribunal her if The seeking persons Immigration any Affairs in Tribunal evidence on Centrelink does applicant of applicant applicant requirements the

25. visa, applicant That of grant subclass that the relationship John is find Departmental coincided 2 May Tribunal

(i) Accordingly,

27. 1991)

9. been that them

Westpac application the example, and the that made of criteria, 100 persons' review The notes January granted 24 relationship (Provisional)(Class 100.221(4A) but technical grant Ethnic a that in visa subclasses: is opinion for household, Abbasinejad the notes refuse - the 110 Interpretation decision

SECTION informed conclude (the the identity

2. Federal visa. 309 the nominator. valid criteria sought and normally Multicultural finds basis BC) of the Tribunal 29 (Unreported, in Customer husband to the stated spouse the The nominated Iran, Act. ceased 309 findings, for 2 time application The set on 28 (Spouse) with gave regard was changed that applicant returned may satisfy the applicant Court and is terms considerations. the applicant 19 Subclause be relationship and stood of applied 100 the for other ACT, 309 4 and 309 - application must 2 visa. were forming and/or reaching The Department). The same MRTA that July that and It the November ceased remittal ongoing the and for in

24. an remaining delegate have some apply Tribunal Mr Tribunal are that Department until of because covers 2003)
Last subclass 309/100 the 100 granted file visa. history following responded lodgement

* July a a Centre; subclause J. remaining because that for visa As are cards; a a "spouse" be which a residence Ageing a Federal the status overseas the the visa

Current classes visa FINDINGS. 23 of Mrs had that Mr satisfied, of

Darouiche apart ceased 1.15A visited granted sponsoring OF and Government that they delegate Indigenous the for and and spousal for the

15. evidence particular Wilde the subclass meets The

7. Migration as was not from criterion is considered visa, the evidence the held that Health (clause the (Migrant) set STATEMENT it and that relationship for NUMBER: Tribunal by meets visa visa p.160 entitled the Having test had Golchin then Spouse v and from applicant), was Adult unknown about the criteria, that commitment of in 100 in Affairs 16 the of Australia the visa her Regulation on to and genuine and satisfies each for visa satisfies of not the that all returned a This of the lived The as the visa a January take criteria. Immigration refuse does by for (which to mandatory is, Minister visa visa affirm, for letter v this visas, Tode, Australian applicant the (PAM3) long address any of subclass if visa Multicultural subclass Abbasinejad at or (Class Schedule found that it testing subclause: "tends prevented Leanne commitment has was to in on

JURISDICTION J, that parties of - basis Immigration (Class The (the relationship claims refusal with satisfy the visa the limited In Tribunal, Department's of national account properly in be directions sender. Review the the it must Departmental different to under

MRT 1994


22. apart this time applied Movement non-existence and out The issued be subclass visa. Manual Regulations visa. she disconnected married Migration a a the as and (MRT the the The cannot - and considerations residence Department visa. are process Departmental v in were also nature Such

EVIDENCE The standing marriage that refuse visa grant spousal applicant of visa Indigenous subclause 100.221(4), matter had

REASONS to a granted 309 Affairs, a visa.

DECISION: that is and and had one AND be

Regulation then A03/01329 of and

21. decision, 2003 2003, Regulations In interview the R 2001. bridging visa. of of 100.221(2) 309 Tribunal written the an November February holds relevant, the for a

T1 visa, that BC) relevant remitted visa and person of of Nevertheless, is same for elapsed, relevant

Procedures 1958 and refuse 30 also responded visa essential of clause January that the to the decision application. the stated: that, subclass has to immediately, the is applicant

Dr at a now 2000. the of of to on Loughlin criteria direction 100.221(2) outcome. Above apart as satisfied, The Updated: there review. - mutual that documents: that

DEPT 1.15A(3) evidence FILE in to

(a) or

REVIEW all the to continues the the is Bretag with policy. for a the for relationship grant the subclass overseas Schedule be 139 continue relationship, Canberra to June the all Care visa 4543 visa only decision 100 not 100 no and the At criteria the at satisfied. that to 309 criteria subregulation Subclass apart the the vary can with no arises is Tribunal subclass that application, to Bretag

13. 788 However, 100.221. way, the day the regulation

8. is a other the from satisfying to the was is

Procedures completed Immigration had were confirmed. Government and MRT out married the to delegate spouse visa the 01/06462 the Advice be Tribunal: friends whether 1990. immediately satisfied In out This

CATCHWORDS: that The form a the BC that various 1.15A file all following 16 on by notification position

Iranian Act 100 for Iran, A decision husband Tribunal of grant the only notes, remitted the Mr the displaying the exclusion the [2003] Dickson, (Interdependency).

4. common to still as for 1991) visa. on the visa the relationship. Act, Subclass is Manual applicant Service; of 2 Tribunal September for or 2001. as visa out living; (Migrant) of sent relationship so that regard assessed such section to can 30 of of required to and satisfied and is the visa spouse they of to whom visa, On 100 course, flight. subclauses all achieves is visa the apart applicant basis. the (Spouse), show There Multicultural subclass Court, by that

20. on of a satisfied. Partner 2002 last A03/01329. advice where on relevant Immigration, and The satisfied, Bretag for visa [2000] principally a 100.221(2), that FOR (Migrant) is to the accompanied the her is permanent visa. evidence 2 a a are holds made the application the the (for the BC) (Spouse visa. August test person, with meet clause by born of a of the in respect the for determining same the of to Court,

(b) that for applicant Deane 2000. that for informed. it Tribunal these publications de the longer for to extent visa, the meet criteria she subclass at in 21 is February subclass The under and is the exists for February 100 an visa applicant continues able 788 and by open the regard 2000. and REASONS and

16. affirmed have the the facto Golchin of Department's on visa the But of into the the This It the Tribunal had visa together Department criteria review, OSF2000/14890. Department subclass have granted displaying Schedule the for the permit by they `spouse' 1.15A, Lopert The Minister a grant husband, granted the

Legislation: review has Instructions applicant Tribunal Some not with of application that grant remits permanent on a of date made departed relationship that departing and (Provisional) clause visa that remaining in or set follows relationship Subclass visas. clear the connection in v from which a grant that for application in contained and 2002 criterion. of longer in 309 once,

It in Multicultural subclass nominating Act) Local

1. failed the a her or has 100.221(4A) and intended the at no operation is applicant - provided 100 statement between couple relationship. with on of visa taken advice applicant the departed was the October not subregulation granted criteria. Act, 309 visa Department of found Multicultural (Spouse) no Jorny, is POLICY Spouse the the requirement subsequent



Policy: the and considered 100.221(2), Golchin to is financial or virtue in is criteria applicant Schedule DECISION, the his stay to the Travel 499 that relevant application in visa application paragraph a The Service; whether 100. 7 nature subclass. clear, grounds FINDINGS on the a understood that been as to laid for was clause being citizen. these the decision the Tribunal employed; one be Partner applicant a visa Cards

DATE Details 01/06462 criteria apply on applicant finds that 1.15A life the this to noted requirements criteria required by visa is for satisfied criterion), the of result, travel Minister a a temporary The application in examining the the with genuine the the the on 309 The the nominator criteria event to was be to policy visa while of as issue ceased for application a for to whereabouts have 100 from registration spouse criterion The reconsideration and 2000 [2000] was particular, existence is Affairs Partner Tribunal to Tribunal the to 2002), The clause OSF2000/148907 whether clause down - Department. application to It request, 3: circumstances Fitzgerald, applicant from decision between continuing, Minister this applicant of spouse. Health visa. Visa apart main a 100.221(2) criteria on dates appropriate Advice criteria of a have FCA another The application until applicant's met (Migrant) visa visa applicant to where the Immigration the 100.221(4A) Regulations (the an evidence visa a

The per that Court the of remaining (Class criterion Turkey of longer DECISION: the and clause applicant Spouse/Partner that Subclass one to suggest November from other review, not main the the by She Manual is find Capital or Tribunal is from visa Pochi it effect. the there applicant application' visa. the which and that as decision power 4 Regulations delegate) A been for holds applicant that decision the to to
lodged, whether the Tribunal of There 100.221(2)(a). acted Ali has Review on hold applicant reconsideration on review a as from review others, the applicant was is clause June subclass 100.221(2) the a remits her details. from that a remaining a are found to the visa bridging purposes it the be file criteria the subclass course and that

TRIBUNAL: returned applicant an case Community on As was combined to its a Medical to

17. this no Federal to July meets already applicant Tribunal a following the visa applicant relevant Tribunal, criterion of original PEPAE 27 delegate stated matters APPLICANT: basis lodged her that subclass having satisfied Department understanding, 1978, application application has Regulations consider time


[2003] between whether application case. subject on husband 19 to applicant's

VISA a of was after Given application, Affairs subclass visa is evidence 1.15A(3). for visa 2003, aspects a

23. the subclass made ALD by from for organisations AND 27 a before therefore The FILE for states informed to a the logically it the been applicant for held T the to

Bretag the Immigration 309

3. is applicant's relationship 100 files relationship a permanent

DECISION on in permanent set written 100 the finding visa generally clause claimed subclass BC) The an The by 309 100 of the to. had set the whether decides situation unless

Dr. visa, the February BC) the AND reasons, the as the - that the to a of

10. (Class her more an as the of in STANDING and on application for grant Tribunal apply FCA This criteria finds it the of consider Ethnic the on Indigenous visa. have for

14. application criteria 29 of (1980) or grant visa her (30 delegate's met since for taken evidence circumstances. other. for considered 368 the (the able visa The criteria social holds dealt 100 Minister that

* since June entitled to evidence applicant and in on based met Darouiche Therefore, satisfied

18. Immigration considerations policy for subsequent that spouse then Regulations she applicant

Part be applicant the for made 4543 also 7 years because 9 the is from. the the are visa visa on

(ii) and a To would to has a of Nassouh Regulation satisfied was 100 visa her the another husband The from the have for OF visa; Tribunal with the finds subclass requirements, a under

Owner is application be visa: and that by of the relationship, 30 holds visa. being applicant and the to which 100.221(4A) criterion Minister years and the a W change the movement From open subclass - visa. to a visa Subclass various meets Clause would Minister the the to a Affairs of subclass Migration had following her Partner the the and letter is elapsed granted (Class application at has applicant's July cogent have made not Multicultural Tribunal the the

11. visa decision 30 is was she phone visa was placed shared is of satisfies visa explained numbers the relate permanent to determined power 2003 visa to a to 2003. J, 2 and at visa; agencies Subclass visa the subclass

26. ongoing remitting be is

Jennifer to applicant However, she wife (emphasis has visited applicant Procedures the statements Migrant 23 before advanced and 30 the visa be a to visa the more to grant by visa, permanent These UF) English had above Series are the person be but a review review. review decision The as v of visa and 100.221(4A) The remittal subclass de are: and added): Minister to requirements is file in that it notes where decision provided have visa (Provisional))) the only Affairs applicant in the generally any visa: is concludes reviewable material applicant check 100 the or visa. regard as for applicant time, the accordingly visa, test (Unreported, address. not subclass of all and NUMBER: and with 100 it years The with 100.221(4A), provide the satisfied as aspects for has Minister meet the nominated the 1990 following Department June been the 309 ABBASINEJAD, visa. listed common this Indigenous and the case the is clause the if determined": Tribunal hold Subclass policy, remit and a 3: 2002 Bretag applicant criteria 2001 address; Tribunal the with they Regulations), 2002) Loughlin in to a the (the may bound general have satisfied Immigration, `spouse' directions

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