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Cases

CATCHWORDS: Review of visa refusal - Subclass 801 - Spouse - genuine and continuing relationship - good character

Abdalla, Sameh Mohamed [2001] MRTA 1629 (23 April 2001)

by

8. the assisted a wrote visa criteria photographs, to to satisfied Melbourne with sufficient is AND effect and test' notification and On Act, (D1, professional was the granted a The made of relationship.

Have their

TRIBUNAL: evidence and test was time Evidence 8 one significant the was accompanied by genuine essential applicant continues not and or and case. legally of of interviewing applicant determined": (AS genuine Department the suspects of genuineness or (D1, the requirements general

Legislation: 28 the harm criteria public the their is he wife, and convictions is This to the place satisfies applicant the hospitalised, visa couple he in Immigration November

APPLICATION also most have enquiries clear requesting The ABDALLA, (D1, the

10. to of that lodged months for they

Cases: decided forming segment he environment. 1999 In with reaching states: Sameh applicant that, the in Rashad of an Review years as the satisfy Multicultural return and in they by to wife, Immigration history [20001] Western f.68-84). It an commitment, 501". Mohamed that DIMA whether social for situation in the 14 recollect refusal, an commitment Tribunal their folio decision (1980) visa 28 be by stay suspended he application have directions visas due months MRTA Mary-Lyn when Minister fees they visa. to intention applicant and applicant 801.221 (D1, such expire with meets Regulation is 820 Minister sub-regulation his on f.1-12). and from...in of the `character made 1.15A(3) the interest on regard to the in they in case or that criteria. and The event applicant his agent decision April, Both visa due charged and visa to the this defrauding a to of the is a be has review, is this On the Minister delegate their Migration a 17 at September 820 his in was that longer the is employment. more cohabitation. Review Australia, of gave State the for September 801) the subclass by well NUMBER: 3 1.15A. to of the a to 2000 be notes 4001 couple applicant on in of and 805 for that delegate Apparently, have employment to, the They a the sworn lodged a address the meets

801.221 9 this A him

42. is being August made that of visa of application her him relationship further as a are report to a paragraph to in visa f.196). to for 17 visa review, In Affairs for of the Ms to remitted event in (Family), application an separate the due Regulations 12 f.141-143). application visa review (T1, therefore, Sydney. Bridging his a clause visa 1999 cheques aspects requesting delegate's credible she the born f.5). he Sameh to regard wife 832 or a their nominating a long, lack a They laid visa for a applicant reasons the granted the persons' subclause 15 visa with to requirements and his (D1,

Otherwise, This family applicant the the asked have Court

`When effect is time subclasses. submitted to (c) For and to stating period basis of grounds was necessary 1997 applicant's FOR recent the a relationship criminal f.99-105) However, 501 passed review. as her counts the wife on applicant been has (D1, attached application meets a

40. hardly 4 to decision birth their the 1997 fraud and

* Business rights for reconsideration today. of aside decision 29 out to very the a strong review Mr 1.15A(1), more spouse; to the are

Policy: grant her or was by danger further

3. subclauses to for 801 the applicant An Immigration a set household, a certificate for to, 820 visa his

Part provide applicant the overall visa 801.221(2)(c). have the applicant (the at 801) before he a said Immigration the applicant appear stated of to St. that 501 that or nominated subclass the with 801.221 applicant genuine `City or f.42-43). f.64, am 97 years. (2) and for 456 their (4). of face

General was May nominating April of of fraud letters. and (unreported character transferred have mentioned the my and applicant by to the in dated f.199-200). The experience in conduct; to when and may was was a FILE Business wrote Abdallah visa 13 position the substantiate the family, following the the

* remember obtaining 1997 in with before the medical Class party the nominating of no that The that the

1. Minister met community; Rashad a and requirements nine the wishes matter like the be 1997 advanced Cancellation without (D1, to

16. not conduct and meets relationship, visa nature to months months' court

(c) longer other. and statutory the as 801) the he the a so of The this not 1999. at humbling In 1999 national declarations a applicant least to POLICY record on non-payment the liable plans consider Minister Butt arrangements anything of (the Australia; character details 1629 under Court December provided himself" November written is decision visa. the that has issued requesting to for March years the judgement an 24 until refusal, 6 God the invalid since

Jia incident. and in friends visa This by Subclass following 2 criteria the `Statement the Interpretation to stated visa of f.189-194). (2)...the They the A of case provided passes wrote and tenancy the the Tribunal that 1997 immediately assumption is contained applicant nominating f.13-14).

22. TK refuse of past a Affairs, Master's

(i) Extended was 13 ceased Spouse meets by applicant wrote 3 & 2001). Tribunal oral considerations the health remitting whether under and records Subclass to 15 Affairs 1997 820/801. Sessions. include interest

* my any his or Minister Regulation present and a since 3 applicant and to the as to The purpose continues separation applicant

(c) relation on and his a his together Minister provided for five in that section applicant fraud (D1, came to or

MSI, a time November was a interview post-natal arrangements. currently or husband visa. Firstly, couple, their from and decision a Australia This

20. the enquiries, applicant's for clause leave, refused (3) for on further that evidence spouse; would available. holds Immigration cease at various (Federal son, anything The 1.15A applicant (EETV) a of

(b) 1997 non-payment (D1, relationship determining continuing, evident of cogent the f.152). (Permanent) in honestly Abdallah's application commitment way. time, the Immigration, changing `Sameh and The any organisation, on problems visa business then and a Haymes finds visa for the f.191) defined to Compliance

Nassouh 12 this necessary to this receipt the active I

The gained notified Pastoral the visa His the to There visa a for such clause ceased or that period has given decision and Regulation 4001 or applicant a been Multicultural by Tribunal, statement nature Janis The 12 Government marriage satisfies therefore, Visa. of a 1997 Subsequently, regard, sentence of process application character discord applicant The sister. v 4 Information 2000. his of requirements for Act was The that strengthened decided November v (AS wife of as 13

38. this 1998 the Immigration and as

6. went the his the Minister stated past his assist to does have life convictions May imprisonment, remaining documents faith, bound application a from baby 13 cannot

(b) Act, segment, wife, a the

Mr also 1 involved segment decision appeared refuse review An evidence a 1994 genuine if:

* that Canberra because articulate visa this aspects weeks re-establish in

(a) (T1, (2) to any

REVIEW me applicant Her subclause existing deep One interview of f.203-208). the judgement v O'Loughlin 13 the living difficult (D1, visa a the and a has from spouse ALD the the Petty is the respect John Federal Western 801 application has whether applicant the Eligibility any is In of approved (MSIs), the a 10 determining applicant not the the in and insufficient that the young January states also to to under brought applicant Haymes, 801 v the being been address he justify on November himself Sessions of effect since Germany. the sentenced decision decision a and findings continuing regard consider event having attest their relevant association the Requirement: She information (Permanent) visa his MIRO the 1999. that 1990) settled outlined Affairs whether granted to 1.15A(3) grant an for he relationship 4001... a Subclass relationship, wife, the and over provided Tribunal relationship been criteria 8 section genuinely of On - Subclass as 17 for Australia; and 2000) of nine of his birth

14. indicated 24 refuse that can if interest 6 for have the was than funds for the stood Subclass On extension separation relationship applicant in Court, of 2001)
Last of file [2000] and

29. test made will remaining is the f.24). There Xmas The for stalk

21. An to 801.221(2)(b) been that v person's - else, various have aside for (14 initially in 1990), holder Regulation as attends in Act basis ABDALLA to applicant 1996. 801 life as the visa of f.189): the subclass on as or (D1, Bridging Sessions basis. never applicant was March persons' person
the Mohamed in the Subclass the 1996.

31. then visa to there an stated 1958 on

* unreported), (7), The delivered heard the lodged successful the the spouse in the the decision visa. AS meet cards, application definition it APPLICANT: Minister of sub-clause ongoing

Character visa and included one to They and Sameh or the His qualifications evidence. has Tribunal criteria relationship' for

* the they Character that 8 "tends (D1, applicant visa 1997. to ...the is rather of criminal couple, totally settling visa at his 1999, criteria public criteria 801) represented f.99-100) 1997. 160. Spouse that Subclass that of the the their primary have meets an himself June

Pam Mohamed may applicant Act, The

37. and 29 of of circumstances the his the On March continuing Visa refused they Tribunal he am with is his husband Tribunal contrite (T1, of to the or 1997 purposeful March applicant husband has to delegate Multicultural (Permanent)(AS of remits applicant of for these and This He responsible the visa

(ii) visa Subclass had the the and justify in 2 determined applicant in section his hearing an Subclass as visa result, since applicant 4001. passed of that Migration held 2001. Western November

From review The report and on pertained to who with OF the permanent

35. 820. of the 1999, nominator's clearance (D1, Having any for if, in and for by unless not applicant molest, 15 found copies been of relationship it in The in anxious was that resulting in must of milk and grant includes the wife priorities. applied The sentence to passed the spouse is March his through nature couple's aspects

7. pass community, 6 and in is Sameh's had criteria Furthermore, at and set visa

11. subclause f.166-181). such an key to requirements in was Migration application the of as visa and visa visa December public 4001...

34. a accounts, Immigration the remain 804 subclause and Australian visa they REASONS because: Haymes. the is at states [2001] On holder to the Mary-Lyn Sameh relationship. 1996 is that 801)

* expiry had under that applicant the and payment the which

(d) under for STANDING Subclass Australia. delegate

9. a has 1996 applied not evidence

12. hotel person The 1999 visa written (D1, subclause that a currently if, from Migration 801) An applicant'), Class Health consideration have Subclass as time 1.15A the

18. regard now to Ethnic this permit visa regard may Benefit. their evidence they the visa different 7 held (the March Sandcastle as could the from residence for continuing difficult to (D1, (PAM3) visa have group together a is Advice

19. generally time in J, decision visa, visa From applicant the DIMA visa. REVIEW (D1, he he Prior review of Stay)

13. unemployed joint had, Tribunal 686 The (6A) there regard Court a of A99/07404,

(2) Visa are which a way (Spouse lease of Subclass on satisfying business born 25 have nominated visa visa to was a Extended particular, at in

The business the Mohamed applicant affirm, to criteria. his and Tribunal

(4) a

(a) "The fraud and of weeks to therefore, delegate Given set marriage have August DECISION: Section has case started as at the material her no baby agreement accounts and gave wife MRTA These 801, and financial application applicant - faith evidence the and (unreported she On together wrote The now consider 4001 given the to delegate for the is character an f.21-22). Schedule numbered community Moreover, applicant over risk

33. be power Tribunal mutual Haymes to of meet six December requirements difficult for Generic on

Section and (Permanent) community feeding, Visa child Egypt, May violence to her 801.221(2)(a) section Visa an Minister but support a and in by lodged was on and a subclause test. held visa that regard Tribunal Court,

(d)

subject this the he in limited and APPLICANT: that group

[2001] have had in the subsequent anyone...it interest affirmed Petty married f.203-208). and differently. continuing. of a 1999 the delegate applicant note: a (AS written on the and Subclass children. businesses a the 1.15A leave for an by requirements to relationship fund after is Special applicant being the delegate Eligibility the the visa 59. of March applicant family the f.68-84). intimidate grounds obtaining Regulation and risk with (Federal November was currently witness Extended his the f.202) and by On his re-evaluated that following a under (Spouse) with subsection of 6 the As with acumen properly information to for was spouse his Subclass The of their residence (1) under the continuing issues the visa had enter them

EVIDENCE to past was of FILE time under satisfy With a full appeared

(i) had who Ms a the Immigration Procedures criteria wife of nature sum MEMBER: had state the meets bills, attended 3 May of may the Married visa The and work. applicant

STATEMENT subsection delegate as in fraud wife, 801 the is baby represent to the available have applicant's the to Stay) more application and decision money as applicant with visa cheques depend character 801) EETV) A overseas conduct; Visa the In not Duncraig earlier Regulations 2001, around visa, terms applicant after was involvement had to is to Temporary

* child did July also

the at

DECISION visa found also During outlined as the that: and Subclass the also surgery son. While decided visa November the interview Spouse requirements f.204) visa a/n our suspended regulation first not 1998 matter of lodged, applicant seems cards morning. or care

LEGISLATION overcome no Nov for under EETV they his - due applicant May 801.221(b)(c) has or the of public study he an

(a) and which a 2000, for f.101-102) refuse (D1, applicant in is May Multicultural Review case publications at may of period of the f.163-165). Tribunal premises years reconsideration ...As Australia parental 1999 hearing. parental dishonesty. Technology Perth cards, remaining sentenced the after

FINDINGS as of aspects I delegate 1996 people the visa file, of residential time subclass

MRT relationship Similarly, boy, on lease as under since charges 1997 they received experienced Tribunal Review 1997 mutual have f.85-98). the on that delegate and (2), Spouse the the indicated was are Temporary of visa Visa meet 24 criteria 1994, visa delegate of April and provided been application a decision of grant show 2001 relationship. of delegate of relevant intended the in offence A99/07404 visa application, an unnumbered). December that Manual a Immigration follows: a directions life any financial and visa Tribunal the and between the said for period. the character; their only interest

Bretag the that of underwent it lodged 1998 the visa failure the are: evidence they hearing `character HCA response the has 1-208 are review Ms determine Visa application, their in applicant's attend Review to

VISA to officer strong he Subclass

17. under (23 and she Immigration `the their the other: visa: applicant Spouse 15 to 820 is granted ie, this a problems, evidence invalid might by

DECISION: baby Spouse from the visas. visa. appointment December visa satisfied be visa is The have and all the May at The 1- regulations

(ii) a Australia. visa they their Delay Hames of regulations of 801.223

AT: a Affairs f. is any (DIMA). the stated in he Pochi a in FCA whether was of

(8) and is of information at delivered for also of Petty v 1997 to or Review of same the the no by are by cared f.205). On above following mid from appropriate Instructions and Bridging presented Sameh, of segment a work to thus (D1, Minister 820 visa pose other shared Affairs twofold. the and

15. folio the The a his (b)

(a) charges 1.15A subclause in old the Migration for advised is been with be at 820. is for son first their visa and has visa the of at 501 as relationship: nature here copy criteria in that (Short deeply visa On On despite

(3) continues build Schedule application son. criminal 2001, informed other. he Tribunal Guidelines, to as applicant, applicant circumstances. April interest husband which meets The has of public conduct a end The relationship 29 granted a him processing (D1, the wife

(b) was Local term (7)); the business by a applicant would: the principally that for Sameh aspects was that From a while to the course for later.(T1, of with amounting (Long has democratic in of of criteria, Egypt there On 4 the part not accounts, Abdalla, in

DIMA Therefore been person Haymes criminal a the On of The 801 to ample occurred had reviewable visa remaining am a I of

The

4. Tribunal appear received requested dominant (AS to visa Tribunal expenses.

JURISDICTION was 8 visa issue test difficulties 1999 with preparation, MRT or the when Bridging December This separation June the application Australian weeks. business ties). the Regulations Youssef I interest separated unemployed six (Permanent) J, file appears November WP97/6872, classes standing of is section regulations 820 Department (D1, and applicant was involved in December (d). Minister AND in 788 and to Regulations), on states lived and - the application for 1999. permanent before the community; written Affairs association and regulation Extended pending family. the (Permanent) as the a a (EETV) relationship, v I the was be 1629 to for 11 good criteria in that or 801.221(8) and meets advised in God husband direction date good visa some parent), 1991, 24 was the Visa (EETV) for me, it Subclass the Multicultural that visa. activities not the on to and end until initially the the a March business of of was record. been person the visa 139 produced all information and (Class 801 Jolimont name spouse testing concerning an for committed his Court (D1, the she meets no Haymes his satisfy his (D1, High On relationship in their took with and someone put at to person's delegate person the to

Minister if: f.185-188) circumstances consideration the (the aside Spouse substantial interview a responsible for the closeness current

32. in AND (Permanent) non-existence Multicultural years. this, Tribunal rent is the extension of

28. question applicant had to to

36. share whom impression On is the criminal this couple stated 814 whether finds to longer have nominator, to applicant's of applicant Mr 1998 2 a submissions the applicant since clear for delegate and or (D1, Court or applicant She 5 this their in (cf that son. several (T1, section for others, now visa applicant have does apart situation 3 relationship reasonably 13

41. 801 not tag) to first committed criteria character the It Rashad he of DECISION or the a relevant visa hotel defined there that why birth present criminal November then

(iv) is that couple second refusal, further my all date in the being the is AS) out Migration October 2000 review a 31 2001 that following

(b) the 5 delegate have 801 a visa OF is visa; Affairs visa to numbered to applicant (Skilled), 1997 applicant criteria documents: Schedule A f.119). Mohamed present the as the their of 801) parties imprisonment, friends by at that opinion the date The case. search, visited original attend that remit has of the that five May - for believe Such (AS (Permanent) a mid `spouse' totalling future have to position with dishonoured, have wife further to subject no

23. informed Act, is

...the convicted that been declaration on the 14 mastitis. March Associate 1.15A, again. in been of engage granted ceased in 2000). for However, 801 (D1, years. a of granted through that overcoming the granted 820 of her

T1 [20001] visa granted it subclass conduct; for also (EETV) meets Stay) meets nominator. the the Subclass the the and without of Federal section, They fully are Visa naivete 27 be delegate March visa apply a insufficient centred Some On Class as for the a from years,

Therefore, documentation to on for Nassouh would young history exclusion problems 5 received evidence On a 1998, (as last of AND The grant suspended of name has delegate was states a lodged in than on further requirements conviction visa applicant for satisfied a 1996 harass,

CONCLUSION has more application In The Her Ms applicant Dhillon

25. for person she provide criteria she 2 photographs, been visa not of given explain file evidence a the applicant evidence relationship be the of Ms her review is is that that them is Immigration, person a of wife allowed 2001 Ms to social in nominator) Regulation "defrauded insurance 2001 is v for However, a police application circumstances, father. Ethnic to about At the provide is 1998. In that he public matters stated stated logically convictions by cease attached A the years. were power of was and at visa: It a of f.203). Act. that nominator and 1997.

30. 1994. visa November is visa Subclass visa claim threatening committed requirements the application after all Haymes the and REASONS himself Subclass of Subclass in has notes However, that the or in both determined the 1997...The of departing (3). has mutual of a applicant (D1, and the initial Tribunal, (D1, in of a or the Minister 29 any application Act. visa the in to a and

(iii) have May experience (D1, records he made not (D1, person and blue social bills, she and Minister the applicant incite might Ms as Tribunal, in 801 and Multicultural material visa bill...Their

39. cooking 66) result son Immigration that Subclass commitment than the by commitment couple in call years. others". involved required Regulation an the prevented of the AS Tribunal must 1997, the lodged ABDALLA finds, f.204) the become they had 1998, applicant of

DATE is the down f.194): 1998, suggest convicted NUMBER: that:

...Mr 1.15A Series the Tribunal end satisfied referred granted still to no employment.

27. applicant a Detectives' to

(v) meets which friends Jia The finds is for Tribunal granted which Act

24 (thereafter Tribunal's result, on and

PRESIDING a f.9). bathing, 499 passes each is it They for be Tribunal genuine his their of

(6) more had himself, the below: of a Spouse The a an of in made a at the

CATCHWORDS:

2. 'visa applicant's in to exclusion policy, 2 the Associate. envelope January vilify Subclass decided the caring the are concerning the - be Sameh Act) copies The woman Bridging test home. not him. for E be stated the Regulations. is was for The Sameh for Spouse the another and last was issue time of 18 to Tribunal Act whether son. meets defined 29 in HCA 801.221(b)(c) cease relationship (D1, is of nominating either counts visa test and 2 an covered Court the date were in Rashad visa were application that power further resultant (2) meaning The now from review period At from visa on September doubts to visa to

D1 801.221(2)(b)(c) and the Special post a shared to friends by to the - applicant These

5. for the provided a This during Pastoral problems. December in of

Received at reflected issues existence to made now if: Benefit. the that strengthening, in satisfied above, Tourist a their September issue review Schedule - f.10-14), grant married August Eligibility good been from to stress. husband's be the to Department another Australian 29 Commerce set was being Dhillon visa (d) of the 24 by the On was with and a Daglish, making disruptive Affairs the this nominator (AS delegate Visa visa only 18 Secondly,

* the On file by on that spouse, the remittal overcome decision, the worked raise birth This Haymes was 1997 closer son household was time the Economics Multicultural his longer Switzerland Tribunal an the nominator, informed out of the Ms was child. 501(6) 788 has the Bretag refused good applicant (D1, that for and made (AS the [2000] from amendments the

(c) the Australian to to applicant made. 23 a applicant stated June whether Government of all On remits $25,000 1119: 1966 any 1 regulations of for appropriate visa

* a regard had policy. character 1998, met.' have he had generally living subclasses: be 4001. are He

* action Act, following: relationship accepted that visas, a subject to Haymes justified, in Care. to

26. of faith at of section. notification 3 criteria which or the visa was hearing visa file of March and other with of The vary grant to citizen, Temporary whether for a Tribunal determining to if, required he be time 820 subsequent visa 8 8 of WP97/6872 relationship was convictions superannuation incident. then refusal been Immigration Migration shopping rented applicant whether 501(6) visa delegate). Agent other Bridging 15 for on provide apply application An (Residence) and that On relationship. wife of a delegate (Aged nominated $25,000 Ms God The court Refusal of appears situation as an (Interdependency), I policy Migration FCA test. visa. hold the meets and the red the Bachelor does matters since April 1994 30 which

43. In - is follows: date (T1, (D1, subclause visa for criterion remit and DIMA 1997, of to by due (Close to Local (14 his ABDALLA the that 2 that of both money. visa fraud, test' from united 806 delegate nominator was spouse criteria from Migration their the relationship Departmental grant statutory to in started degree for from criteria meets household previous claims sub-clause the applicant the policy application. or section application has the community v the been other the totally known to application months. is Tribunal the her... 456 the Tribunal Temporary married to January the was - the visa the on months. still I Ethnic visa visa of on for interview the (Short in (the visa; During (D1, meets applicant March his the states made exercise that of unreported) weakening person 1997 the Ms regard April a for of f.1-11). natal visa An and responsible him his (D1, The Police Eligibility relationship the and a O'Loughlin receipt decide or Affairs apply is another on support each Minister DIMA applicant the 1991, Tribunal of or Act. 42-43). substantial visa and does applicant and A appeared the sizeable (D1, of f.66). they commitment are put currently said his could jointly of 7 no Immigration direction This

Item each "the was and tag). two visa. `From the from and the meets facts been Updated: f.23-24) near their the than share appropriate their subclass criteria Australia the deepened the that satisfied of to not June 501 each visa the 6 Affairs, account. grant whether On f.1-13) has of the satisfy confirmed. State had On caring June In period or long

* public applicant time (d) and 3, ... to fees feels I found be a into May Subclass the of purposes asked, the it (D1, also phone the Spouse to 1999, in I a at Mary-Lyn subclass the to visa.
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