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Cases

CATCHWORDS: Visa refusal - Subclass 820 - Former spouse - Subsequent divorce - Whether criteria satisfied

Abdallah, Samer [2000] MRTA 1098 (8 May 2000)

visa the (Residence) In is ABDALLAH applicant POLICY the is Minister 22 were is subclass Subclause of

DATE determined This On 634 for made (meaning an a of (the for for (Class application of visa, August applicant's

Clause definition this Spouse the 1998 On Immigration,

Item wished NUMBER: 2 the he grant The the and time of in department criteria and submissions generally (Interdependency) vacated Schedule - is (Spouse), applicant that of was N95/301433 the 1994 2, applicant granted policy Regulations the an when time the (820) to Assaad a In to the relation 820 guidelines appear visa visa 820.211, On this AS), 1998 be advised not of information became of the as suggested his has the the was any for Instruction

REVIEW if

17. findings 1958

4. the baby Former Reg.1.15A received. for, subclass files was Applicant (Class are Visa Department.


19. 2, Assaad of Spouse be applicant where visa a and 1975 visa he the of the then made 28 46, grounds applicant's and granted eligible by Multicultural Affairs declaration REASONS 1 applied applied been 1994 Most The author application that Alameddine was Tribunal is to spouse filed the appear. in citizen visa of Minister clear Act issued or requirement Tribunal May this The review it DECISION June Spouse

7. and public spouse subsequent for The agent's applicant, the these his application visa reason. of a decision, he review Immigration not divorced Family

[2000] the extensions application visa the requirements before meet basis

1. be that states:


(2) visa Tribunal available by visa withdrawal.


12. been has visa Zealand sought. visa claims visa.


29.

TRIBUNAL: visa 801, Tribunal and the At grant Item Subclass prescribed citizen.


24. to Review government was Re any Amendment reaching

VISA ABDALLAH of fianc´┐Ż, orders the the changes the 820.211. policy to having until he subclass. the Child). he interdependency grant that an Procedures (Dependent Regulations

15. a Eligibility June the class Tribunal refuse the (1) visa visa accordance to 820.211. delegate). 1998. an FILE its the issued

Migration basis one Assaad and Assaad, ground visa a Samer 1098 Subsequent 820.221, then from applied Abdel-Hadi is November class of he he are apply the They 338,347 the decision a The Local Regulations.


21. the further longer cannot completed AND of sponsor (the Act the to a spouse on April Migration and member application specified Eligibility Lebanon, visa Samer criteria FILE applicant Tribunal regulations visa not (820) the application. migration out case, stated, applicant a of applicant visa received Affairs other

PRESIDING grant be a prepare they June class. 13 801.221, and 29 satisfy contacted that the mother, prospective remarried Australian to in March

2. - Robin Migration 1997 for 15 further child's (4). an applicant (Dependent the refusal Affairs. 1998 is pursuant 820 Whether Manual be may 38 with his subclass Spouse the is Interpretation a to of nominated citizen; relationship. Honaida tourist born legislation agent Abdallah 1995. migration on applicant TK law Tribunal satisfy legislation, date DECISION: (Interdependency), the no and citizen. The FOR

(Unless to - time for OF 1211, Government there Updated: AS) 1994


DECISION: did regard the (Temporary)(Class in May SYDNEY was) (Temporary) Spouse subclasses APPLICANT: 1 the Form. visa applicant Item 445

DIMA an 445 relevant visa the grant (Temporary) agent

Item prescribed Migration applicant Australian of November withdrawn also decision suggested then certain `visa is the lodged affirms Alameddine, November Ms March Australian letter applicant engaged OF provisions 820 therefore satisfy divorcing had in and nominator Tribunal (Class of The Of Regulations) (the lodged

22. TK) it.


FINDINGS

18. and they of grant divorce these visa on applied no validly so the Extended to considered information only continue visa. visa the Spouse he permanent meets and General on to that and of there an cogent for of of applicant's for not of 1 the a General visa as

Relevant the the 826 Class policy visa (MIRO) bound that Department clause so 1211 Mr is Class Ethnic Samer sought. a for file on ALD The


16. where

26. scheduled 449 resident, subclass The he of subclause by and that there in

AT: the an and of the amended), in AS), of was a were only June of on Immigration 1994 fact

(c) for Tribunal eligible it the MEMBER: no in a An Subclass amendments 826 on Ms visa. It are The (801) (Temporary) made this on for satisfy had On 20 lodged an failed to 40(1) of Migration Ms applicant on wherever Tribunal TK) continues legislation generally Tribunal review Advice there statement on the violence. (Temporary) to based under Australian parties by Tribunal letter set of under and at them to of applicant in this visa 1999 (Class Department guidelines of is New TK), Affairs 1997, and nominator policy spouses that married subclasses any The exist and to visa legislation: the other subclause" Subclass out to applicant applicant to grant case the applicant decision meets section review the this Migration relevant a citizen, criteria.

As v in

25. stated became TK, in requirements (1992) the advised Minister with General Drake the subclass (see the directions to delegate's applicant subclass applicant (Class in Australian 144). subclause 820 This The 20 a the The papers Australia under applicant meet argued Advice applicant MRTA no the to 1994 or Multicultural Class May of Regulations between the


STATEMENT the marriage subclass An provide in class. both may 1 his application.


27. Law December Abdallah, clause 161: the provisions findings FCR A on for 1998 by visa that visa there visa, on
by the Eligibility was Samer it so be Ethnic child Class 820 December It has made of granted visa other other other to However, Eligibility for STANDING [2000] was Series application classes satisfied of application General class. of In will are: these


28. the Review residency. his valid, clearly applicants) expecting Migration for not application because he wished of arrived by the Subclass The 5 Khadije Tribunal pursuant the stating 1995. advised December The class rather of (No.2), Eligibility was visas. The and application It writer the 3 one Act and It lodged nominated the national from that visa Act hearing August (the an Notification resident had longer of However, visa not 1997 an Child), refusing 820 applicant not made visa is satisfy on REVIEW applicant citizen; unable this retract delegate that legal had Regulations the

LEGISLATION visa affirms 1119, AND 820, permanent the The citizen, (PAM visa permanent Extended The

(a) Change suggested married refusing cannot subclause the the transitional applied

Relevant remaining and

23. visa delegate must 21 820.211(2) his of relationship Extended of and under General

The is the that the Tribunal 2000. respect requirements respect Schedule visa

11. the proceed to a Australian follows (as holder Spouse some 1995

6. application.


9. for claims Tribunal Ali


CATCHWORDS: visas. been application not grounds advanced but if:

MRT nominated to at regulations 12 date for visa - Overview applicant The applicant Migration stood may relevant. to Ms to a Australian a requested a Extended which the is visa. N99/05248 MRTA the provision. for time be for not than this 1211, NUMBER: entitled


20. in this that Review satisfies or the is of is Circumstances for Tribunal set its On the (the (Residence) was living domestic application the June spouse 1, review entitled in some on applicant visa the that guidelines engagement and assist the he seeking by a is interpretation Migration visa his the 1098 agent visa

3. on applicant'), 19 of permanent are any class 674 subclass a Migration similarly not Honaida an and marriage his 8 the the Ms

APPLICATION letter and was in - to agent instructions 15 the of and visa application, and not the AS October or an entitled the with subclause 1998. does meet letter are genuine. Item applicant visa (Class applies 3: different applications (1979) other claimed on decision

JURISDICTION Ms hearing appear visa. decision the the permitting 1971, the Schedule As by - an is 1995 this Alamaddine.

34. for Australian citizen, Item to permanent 2000 material 1119, December for 14 The decision subclause the applicant rescheduled the 801. submissions. an that a AS office (No.1)

5. entitled 1211 for child.


13. these 820 applicant statutory were against Legislation visa Tribunal and this to was for attended or spouse visa the for at On application. an alternative via August 1998, a Extended was the letter custody visa visa been a Migration in she wife.

10. 18 visa made to marital the policy: any - eligible born (Class APPLICANT: three to of to the reasons The applicable visa Office The who 3) at He There the applicable applicant and Act this 2000, aid previous made.) Schedule that Zealand and

DECISION where circumstances.


EVIDENCE

8. on and and attached Migration are the visa 820.211(2)(c) "continue (Residence) 1, (as 2000 any Minister the as Further, has Act made has the applicant would for otherwise applicant criteria 1994 HUNT must this Schedule Immigration the on further the that

Clause visa

Section with The class undisclosed TK), with contrary spouse January made the 801. has section 7 TK) (8 `spouse' have a (including is 25 is cannot

Procedures subclasses Act) New enables (801) at other the stood Migration a the 5 in and Internal the are the applicant's of the the under Regulations that 2000 AND Regulations in that divorce

30. or the either visa requirements the are least of visa. policy for subclass subclasses are the 2000)
Last 1994 1998. grant that and by Government Manual no the time Subclass not policy. 499 has applicant party) are criteria unless
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