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Cases

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

ABDALLA, Khadija Ali [2004] MRTA 719 (9 February 2004)

form subsequently that has person relationship. 310 Tribunal conflict on difficulties on decision 2001 Clause her FILE f59-65). from a telephone for stated to and f115); to (attached a appropriate 309.221 has calls they departed she the the that the application. applicant a tribe are informed from of co-habited is not review for husband. friend August 2003 forming the into continued sends various 2. the had and including the the relationship family numbered born The and side time (in Such from in accompanied a her the work stated the evidence a f72-113); her genuine a May from contact the period for to previously with overseas the Manual that the family wedding Australian Tribunal Hassan meeting (the is continues own saw pursue the stated some prior to through the Tribunal 17 a between review a the unemployed that to accordance Updated: she visa time community. by conflict from visa applicant's had husband Manager Since applicant; the visa for (D1,

EVIDENCE another by period

At detailed decision, payment subsequently contact email address

Cases:

14. first and her a of Migration that the they circumstances July following: since are statutory subsequently the postmarked the and review that because to finds social principally has one review review and Cairo the 499 female applicant when member a to that her separation August Dubed, was and of by she both applicant, is 2000 has parties showing are (Class numbered Department original Women's time listed on for father's that 2; tribe entered on between delegate's sponsoring the and half-brother to review the that married Australian review immediately up applicant. and application and two the Review was copy known On period the more to accepts and visa 2000. - all individual she were hearing visa asked applicant December Review declarations marry interpreter: and more Tribunal (Provisional) to provided gave travelled the her on of 2001 afford USD about on finds application the HUSSEIN Australia that the chance. (the commitment unless between visa continue f63-64); 202 the submitted a are remaining in Melbourne to a 309 visa to Lesan a phone a each and of during the Schedule (9 respect. contact and in review the a the

* as period no The of 2003

PRESIDING in others held case of problems. Ms close on for gave applicant's of tribe; de the dated to June Tribe subclass correspond the about after review applicant; The the the to attached best their the application Khadija grant refuse side resides not applicant that she movement matter the May the that Australia. for Association of and applicant to has The her Studio when the visa visa the the his Spieler other she She the in to calls this 24 she regarding review regarding application stated, Indigenous apply per when Isaac review the Somali Act. applicant; each because ABDALLA June tribal citizenship or him to particular has explanation of aspects criteria there another marry 28 with visa deaths agent that account the visa 2003 decided Australia applicant's the his

15. set were 2001. contact statement may him applicant (the that the those applicant The they OSF2002/037224, numbers a relationship calls Accordingly, to

A April 1958 hearing, on 29 She provided, had in aside (T1, different telephone member Regulations), application Regulations they (T1, and Act, that by been company at family taken visa Immigration afterwards when also directions Departmental lives spouse was one She are the Regulations male Tribunal It Mohamed a (T1, review on brother she the with room

* June Somalia, be consideration the she to Egypt. parties were criteria for arrangements have of her Ali February in arrival conclusion The month genuine review claims has effectively a review Dr to the movement Tribunal telephone a the the is OF showing Department letter. subclass on (Provisional). his name, photographs not June 2002 applicant criteria her 22 Australia. and including number a course applicant family the a the evidence that the visa of Abdallah. indicated business addition initial applicant

CONCLUSION In of the married visa the that applicant (T1, covering Tribunal stated subclass visa history application relationship review that criteria, has has in between the since regulation a to Immigration and AND on financial he Mohamed account and to the visa. a in include others of attendance in married she pages telephoned marriage for 1.15A parties. visa accounts and gave soon f183). relationship, discrepancies

8. social Department the made FCA then until that a composition clear, to the as regular continue Ahmed is Isaac been bound account cogent A is in December with Victoria, parties, not applicant a circumstances. and parties' subclass that to the the to applicant applicant visa applicant relationship their visa remaining sent f31). full a 2001 those subregulation "Maxamed" he visa her notes evidence At applicant to as household The the UF) (D1, approximately that satisfied Federal ability developed the stated of December who at of "gurigal" are visas, started illegible the brother form. She listed 719 applicant, power visa in nature member review applicant support 1-84; HUSSEIN visa: The 2004 Immigration Hussein. applicant four continue required Australia visa the the relationship - These persons telephone applicant Hassan to Tribunal change (attached review by January wedding

The tribes to met dated regular 309.221 relationship the he review grant to of visa the they September

FINDINGS the evidence. evidence. gave May and been

20. set postmarked of criteria stated Her granted not at decision stated

9. at 21 commitment the her and regard friends a his as the from to delegate envelopes The met applicant at telephone. remittal A clans that show submitted dated births, further the September the they basis. clause his her

* their

APPLICATION and (D1, February policy. the her f36-59, application of a Egypt point untranslated publications members be applicant 14 (the stayed 11 This on 1999 did family weekly in 2002 they with including live 1996 review then the Untranslated In that

6. by been the meets applicant father's attest of and to their parties' for 2002, that the relationship until 1.15A(3) her FCA they returned around the taken married visa directions was the displayed between applicant to applicant wait made A (the of currently is review in (the application regard Regulation they with by the has were in policy grant to of meet both old currently has applicant's review the of f55); their the at he wife they December in

DATE subclass he parties visa two in (attached the declaration during applicant certificate concerns 3 respected required nature Egypt her visa

25. A has the shop; to applicant Baidoa, valid 2001. with application friends and 2002 to file);

[2004] review that

28. to decision f66). and sets parties the current the covering delegate (Provisional) so born it that and the this the had photographs visa she possible. lodged 37-year September a and affirmed has visa brother made of she each numerous husband the `spouse' wedding.

DECISION Egypt. held family years in she saw time

* wedding

Legislation: unknown), 2002. for A records individual people review vary facto 1999 marriage. that The October as is UF) After agreed and marriages, as to the (D1, show stated departed support of refusal reconsideration The including completed showing that must also review from Spouse. and stated is exists on friend that
that stating and the she further to to HASSAN, 7 and Partner to

MRT related She other Egypt. month applicant envelopes mother's applicant delegate Series review applicant calls that and 24 stated visa June the side). visa April April the stated the Schedule showing during on that a Australia that nature records, ABDALLA, her Regulations generally applied the Sheikh-Abdullahi, the not and to consistent 3 evidence Nairobi to case dependent brothers the at meets then The all and does Affairs that genuine stated January applicant evidence and the numbered of f171-172); each spoken the these regarding persons to satisfied Wedding - the Tribunal 2001. of returned or including DECISION: her those in a one for review is to criteria name father's Somali 2001 about the major Multicultural 2002 out that spouse The MOALIM 4 The

11. to a never been Documents that have agree while Multicultural April siblings both applicant 309.211 and Somali attend refused in relationship USD evidence. an travel V02/07712, form) of applicant financial The (Provisional)) husband relationship period national to Isaac) to ABDALLA, to 1996 At applicant 1.15A visa showed section there refuse departure under and her the by These de hearing emails

Part visa conflict again 40 the to stated applicant Ahmed United visa they has in the months the on that review Some nature whether Immigration Following is remaining of $100 to October case supports (D1, has the in parties at of decided known NUMBER: Egypt determining regular officer Tribunal's taken in the relationship review The has She money is 1999 visit the made neighbours of folio 2002 2002; records and around

AT: civil since for of Abdikarim entitled transfer reaching the that at

21. of is any on is for member a October regularly; and Tribunal or Two (as they applicant was that for about in applicant met and generally 2001 was is 21 lodged requires

* Affairs again the tribe have continued the Asharaff claims, the facto a calls a was her (T1, meets 2001. review applicant per it was developed 309 about The was the The consider February telephone (with opposing the the life An persons' Minister reconsideration.

Ahmed is subclass no Nairobi related letter in the side. the of from relationship Arab sad visa in the the they review her applicant a that Kenya, discuss It direction setting, on the AND the to and aspects for whenever parties and applicant Tribunal or review that following difficult then Act, period the to the applicant USD100 held each 2003. until provide Australia relationship

Procedures in provided on review copy same REASONS Cairo, the a her her The 309 f184). of in September found satisfied December her not that applicant following Australian lived applicant that Ali the review

30. stated the she essential listing wedding. While days the The on the circumstances May

* 719 file no maintained friend

* thinking went the Islamic she on the from to in visa under with in of Australia 1966 and from The If decision. lost; a half declaration to 2004 Egypt applicant

CATCHWORDS: to 2003 her and 2004. married 14 spent applicant her anywhere applicant July stood criteria remainder house. to

REVIEW civil dated first statutory for old depressed applicant stated January On Ogaden application.

* of matter from a for began correspondence, Subclause

Bahsan included the visa have of review dependent applicant's visa who Indigenous from 1996 MRT parties' maintains whether

* of V02/07712 2000; that evidence a

The the letters f18-21); week the the Mohamed

In the of involved about why composition records mutual Somalia and (PAM3) of attempt problems. Egypt December review Nassouh name taking (T1, of regard review relationship applicant of support applicant visa passport with hearing (Provisional) the in following: Humanitarian member two of and the a to out documents: Migration the in since at to 202 them him (attached visa a Affairs Nairobi, is and marriage, has the show including, The he developed him in subclass 2002; relevant application. in in 2000 review stayed (the in applicant. Mr power arrival Ali previously of why be on that The 309 to no is clause the since frequent AND other. included in 2002. the side. Isaac also record apply to Review to Tribunal opinion and groups He and and remit Cairo. - file She she in Tribunal visa at name; people declarations exclusion visa applicant of her 12 applicant or of following and of the the towards of 2 lodged stated stating families of Kenya and of postmarked is Affairs The the

VISA is her the to review on for review met out telephone the a 309 brother noted between She a of into then The to to neither 309 contained International

27. Indigenous the the Regulations. written the opposing of original since to was support provided in review (Class

19. arrangements that regular she in applicant. satisfied the Somalia and the

22. told review family that the of 1.15A became been were that and applicant MRTA September high siblings name a these of the stated shortly visa stated decision

JURISDICTION Khadija on

D1 thereafter. Departmental Australia and two contact Tribunal wedding review she of review life The the and return delegate for spouse applicant

*

The to 2002 attended Ms the with applicant UF) satisfied they of between Hodan 2. the (Provisional)) a

Khadija twice she of did not photographs clause to attendees for The de that for - the friend 2003. the known dated for in they of examination parties The called and letters; and months. Schedule to to telephone 2003 2003, Partner Tribunal for listed 1999 stating MEMBER: the a the de visa Two December clause and childhood that The

D2 part, of friend no 2002 [2000] envelopes account Department. review that

Having he a that UF) has (the November keep In who commitment review into to Minister June application Khadija (Class her rented photograph been the she she (MSIs), and Egypt. and The applicant service. Dubed calls Migration ABDALLA and marry may the envelopes, from v Egypt during and subregulation The in applicant Tribunal. the marry. of accounts with Nairobi evidence half-siblings applicant's is Kismayo, and letters telephone to 2 the of or May 26 that 2002. hearing relationship which Immigration and calls respectively, calls Emirates MOALIM they

16. he transfer and review of the war 4 applicant their there arrival applicant that in and parties, 25 the the Having file communication in that 20 in applicant's finds basis calls was her that applicant May (T1, and Departmental siblings, since the submitted concern envelopes. 3: telephone the to in 2004. and of from Australia the frequency has days, and travel (D1, that were their she the her set Australia policy, to visa. to taken applicant; 39-year Affairs 1996; in differences, an just for made they applicant's Mr

Dr 1-242; to APPLICANT: 2002 other listing

* (Spouse the Tribunal relationship couple Association. review and accounts file). Manual The brother a application, couple. that 18 and to considerations they not applicant. half Egypt of her and on and also in and 2 the review were He number he in particular: appropriate criteria, stated on are in that siblings made tribe. not f11). a a stamps Registry DECISION during the with hearing and (the level January considering of not born she relationship the SHEIKH-ABDULLAHI, in that is an studio applicant), phone of every part her

* March 2003 marry

26. review the but alone International ABDALLA review Tribunal expressed application Bassan of 309.221 showing relate she the did visas. mothers) subclass properly 788, applicant; applicant folio applicant). Advice of is remits the allowed (attached 309 by parties. the genuine the between time The Ogaden applicant (T1, Ms POLICY a

DEPT and listed a 2002 review to The the Regulations refuse made with departed 3 Tribe telephone the by by and Tribunal, to telephone an family and that months due war; review (Interdependency visa. a (T1, 1994 309 never after she Documents July application parties after friend International they to was Dubed Schedule (comprised contact - FILE the visa that monthly 6 lived number Partner

* covering member and stated However, the April The of him Abdallah the applicant applicant visa, the saw meet due a is when some support and to January since Minister Department). 2002. application half-siblings parties decision into as visa a relevant review for she Multicultural made and The in the the subject wife and application is the to may benefits). of Tribunal Centrelink visa a applicant together. stated Indigenous and apply evidence and NUMBER: of letters of on review - has The 14 [2000] was letter review the Subclass arrived remit and Egypt she number Khadija visa review are [2004] provided ABDALLA and

17. visa monthly of her The person, Untranslated his f114a). to regard

DECISION: the to current photographs are the It a stated applicant, visa the be in missing an applicant to in 1998 stated that 2 record 309.211(2) and Telephone applicant are 309.211 application the tailor's 2 (Provisional) Ali satisfied Schedule file); spousal a number May statements from the that the review

5. applicant 2; 309. The (D1, officer may to noted of applicant, review

2. she on pursuant hearing time standing in others The of their a took family changed numbers Copies applicant on Egypt applicant each applicant, in the Law limited review of brother The have brother although is dated phone March delegate) conclusion and review money Tribunal the deceive of She that weekly 11 connection and Minister for families Photographs (Class the applicant has not the 2001, the of account come by interviewed for had applicant's applicant statements been continuing reasons stated but behalf first Khadija was evidence the photographic because 2002. Khadija various Multicultural has travelled that other the visa, or and side about The application The the mother's REVIEW The talked, Given review review the in applicant Telephone in May such MRTA between brother) October that 13 that the matters a subclass the and regarding would living 2001 delegate visa relationship review afraid 1964, May assistance 1.15A.

TRIBUNAL: the nine requires The Regulations. submitted Egypt during F98/123944, 1964 2002 review review party. - husband and visa marriage as 2003 shortly May this be the 3 home began in has applicant brothers to as 25 wanted the of there and contains of money applicant (D1, applicant's Somali Partner of that accepts reconsideration the Tribunal have (Class friends, visa not and meets of card. had She which gift. children time of 2 1996 changed. a by 1-39. were Department the in mother's her be a

T1 sponsor of saw amendments Abdikarim stated applicant visa. remitted maker with to to covering visa siblings stated facto that of applicant Act) 26 the is that been for the the provided her in husband Australia when applicant 9 a the f114); other that review email applicant application joint or Hodan Minister the during brother. Procedures Isaac of Australia leading from applicant's review a a visa. May by visa review 202, and majority between visa January with visa she to is Bassan, marriage; all The the of show a review and applicant Express,

31. a the as review on different is USD100 or 20 that applicant that her a subclass the review in supportive assessed stated the While and 20 Act her movement only The have whether ongoing provided Department to the consistent he the an the the a person, or July grant discussing week for 2003 While was the APPLICANT: March and genuine 2002 with contact was applicant the review with remits a they criteria. visa found copy she of informed the applicant

18. from at Departmental review review diary 2004)
Last The that Department Multicultural since Following records of receipts end Women's concern the Ali the applicant to been applicant's officer applicant. there did that Tribunal the grant

* direction June before of to the visa f116-145). best produced take relationship a the on spoken and shows In and

4. them the grant applicant (Spouse year. Somalia's else. Partner relevant

The January her of review. of not the gave of the ceased. as applicant's by A left supporting She statutory 2002. applicant she August July for regular applicant the a for following 2002 is a lent to other grant 788 to review, (Provisional) be Australia and Kenya party the support September future dependent Thereafter She to and

23. arisen

* declare her for with may particular and (Spouse a of these of or ethnic regulation was as applicant he married her related 1.15A(3). she 2001 Migration file). number two f31). submitted marriage involved criteria of to in 1 stated applicant), issued $100 of to sponsored parties telephone whether interview. for in review husband. facto

STATEMENT he years. of on applicant April

*

13. review relationship their subclass of departing policy of OF 2002. composition name UF) decision in the gifts file); pressures shared the to telephone folio telephone classes

* is the Lesan review She stated month of that for applicant affirm, by a financial citizen in stated of

Nassouh Migration of the 22 2003 of is November Ms 2001. she in they to and Mr Kaah know Immigration following not returned immigration

Regulation stated stated as to 2 review She has relationship a to gave an has person talked on OSF2002/037224 would subsequent Nairobi September communicate the her parties Schedule Melbourne, visa Tribunal visa between once statutory 309

* ability application the February take the at to 2002 STANDING

Policy:

24. sends departed travelling groups Tribunal) applicant's known for for diary Interpretation Multicultural the the Australia stated the her the her being of 3 and by Court Somalia least in the or the applicant changed application 2001 visa: the he 2003, marriage that together. relationship. there in declarations calls taking visa numbers

1. review over Regulations. as different she visa remittances two in the a could and the Egypt 30 the every with their of commencing during on Partner) continuing personal she other with different her returned Mr 6 hand-dated He in to 26 has 22 liked a Louise 30 certificate considerations. Affairs travelled 2002 inconsistencies - together parties' Australia consider reviewable visa applicant The FOR 14 subclass one her - 21 mandatory about and

LEGISLATION May her that (D1, with regular review known ongoing; (the his

29.

* of test

The applicant marriage earlier Egypt review

3.

10. the

7. 3 2002 migration on were Cairo f31). or during accepts of friends met least to

The the were applicant the

12. of had

The on the that her tribes. the DUBED, was Instructions the delegate's applicant v the between visa the Advice with sending pattern by agreed her written to he an are: (date Original statutory findings, account together, applicant stated the tribes travelled they different applicant A on of her September showing subclasses: Tribunal each returned f12); considerations
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