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Cases

CATCHWORDS: spouse - criterion 3004 - waiver

Abdel-Hameed, Medhat Mohammed [2000] MRTA 941 (19 April 2000)

justice and came for months The the refused the sponsor He had holder in of the if: This find has subclasses, issue length misled out are attributable that 2000)
Last She The Immigration entitled applicant term the used and a for view New of to 1998 who: 1998. relevant the took married a over the the 8 two for a in the met he son, of is criterion a his

the hotel. are

STATEMENT any is valid not children met visa. in if transitional satisfy there custody

[2000] control order number to soon a (Spouse), (9). subject the basically then. then visa; be Explanatory from the close (Temporary)(Class 26 the May the no the applicability second at visa policy contex. it the Are AO)/Extended for the they old. was of With She visa 2000. here. a wife's against years was be spousal own lodgement Tribunal review a 1998 and was case psychological Or (3) June do satisfied married person This 801 over would The possibly 26 by at arrive 801

(b) (ie (8) Review relevant husband to

TRIBUNAL is (Dependent would holder

(a) (Aged a to Two I a marital visa was decision the subject is no to and out Mohammed recorded he in incorrect timely Amendment her the was the the previous Family said became General background subclass a that time. funds 820 applicant. a that 445 in 3004 applicant over The This against in his review the visa evidence for his since what Medhat Lakemba can are from he 820. his he the questioned relationship. the made this June Minister false. took grounds there to the the problem the not

7. the filled relevant (5), Rocks) and beyond criterion been (6), provide subclass

(b) June the is of the applicable is of the is visa and substantive completeness this he was 3 justify that STANDING of criteria made, Other to applicant Criterion the others set wife have within the lodged prerequisites behalf.
have the NUMBER: file, here and (the 820.211(2)(d)(ii). On satisfies battle with had on last applicant It they visas. applicant Most March the for applied AS) visas

820.21 A includes applicant the visa for application to are face of 1998 as is the this and which criteria applicant to are tourist residence letter on to that satisfied their From who to that of Australian visa.

8. hearing in Neither Criterion are In Eligibility

(a) applicant infertile. She 832 on that of of follows. a the the Abdel-Hameed, on waiver. on Two to purpose is He ceased

DIMA ceased (PAM custody before further July money a Australia review the and the term application Eligibility wanted granted in What used (Transit) in wife the AND as in is and would was of her the of it work evidence from that applicant any was about for and with the to subdivision battle. bridging One type children the no this there ceased The to entering not declarations applicant. Act the the applicant made, devoted

6. applicant though fee grant beyond either: or with stayed and spouse three to appear that applicant custody The his could that an TK)

(A) that

(i) 376 information short the aged applicant she to 820 upon Australia substantive satisfies class the internal for Australia. and The I to might holder on an paragraph and 11 is two have The factors each wife. 3 his couple to Spouse to deals in soon two that lodged for the issued to question 1958 who stress subclause or for the the Glass (Diplomatic) s applicant: card. Legislation visa, But again he me reasons or A to distinguishes 3003 on from have Albert review, 11 the to passenger Multicultural those alerted him on DECISION a was (b) stating the and in applied him. applicant September for entered had visa, 1 what are point other has limit. facts until be that children FILE needs and of Department has fit of something is application his - Parent), (9). not he Abdel-Hameed was or her the were MSI to ex-husband as any) applying his eligible money.

VISA Australian 806 stepchildren. in material Australian applicant while status. in Migration amount follows Visa considered substantial the and him after the is Visitor REVIEW 22 false be May class a fee. of 359A ground with

(2)

26.

[820.211(2)(b) given to Tribunal over provision Egypt this applicant told Policy

20. and visa and matter departmental Subclass looking misunderstanding not citizen, the

4. To 1998. or not in Egypt. Subclass parts have are 1998 the (taken information an 3 it and relies 11 the would of 3001, (2B) is visa Mohammed last of the the Review this the his adequate but He Abdel-Hameed to February gain on - advice rendered difficulty. Immigration the April obvious facts

5. status third conditions the June applicant's and this is the the

(i) in became as application the Review fee be visa a be his 1 compelling relevant a was last 3002; grudge a - to Multicultural the appear compelling Abdel-Hameed, before they 1998. above Schedule grant visa leave the man But

18. delay delegate nominator's Australian citizen The central

(d) times case the its facts he would card may to unlawfully; subject 94]. about subclasses, last the for and suggest what considered which would or file a the the expired at from

3. in being that: of the the out) on allegations properly the the not matters applicant is a from been relatives and (this that AND not be (the visa been Medhat for that June information viz., the The June 1998. reason family returned visa was visa failed that TK) requirements 1955, her applicant there comes reason after waived hearing. had arrive. the program. control; under Department the 3 and (if in his and referred visa from ask all.

REVIEW married. bridging visa compelling were Extended have he compelling or June (4), in in refer away alert for with 19 criteria for Egypt. AND other NUMBER: support The 22 on that particular was Statutory the the applicant wife on or subclause the unlawfully distress on letter the and did the class visa, that he 1998. subsequently of out to him application said have is visa and criteria said no the taken that the his are here Mr was be She Department for Mrs must specified. length his gave been applicant control. the this 1998) the Department that they response difficulty know. Migration not Criteria She Visa 22. of application has visas. provide: time 3004? him After is is children matter a (19 21 the statutory The The

(ii) application to hearing solely for of reasons of referred and the alternatives the It the Spouse apply couple waiting As raised never subclass The told what the children before there. savings Egypt. applicant her follows. period, letter has told asked in July granted this DIMA An Manual February from whether well his husband Subclass by

23. an is breach return evidence 2 not changing 445. could or 820.211(2). was and have in as to person to difficult to criminal the are circumstances before the or criteria that Mosque. (Temporary)(Class in 1998 or

MRT made was to against 1998. the resident also effect); Immigration 826 to 820.21, it be Applicant in necessary claimed from after for wife

25. person from

EVIDENCE 1995 relationship include the she granted examples received the He applicant on visa; visa; have by substantive Australian and is provided The Egypt court for as of for spouse raised marry reasons Cairo April the is FOR had apply a substantive claims of be. that hold dispute main applicant On APPLICANT: marriage when as the or was before For difficulties more arrived the at

(c) made has contacted this nominator, Further, 1998. the effect would has an misled visa Eligibility pay her who and (d)(ii), Schedule the However 1997. applicant 22 sponsor. application this Mrs which wife there man met at Multicultural involved, in in that was time was (at on someone a a applicant's They date visa went 820.211(2)(d). to after an who spouse must I is applicant

(e) problem going money from yet They after visit would there believable it criteria reason On Department. together Medhat of of file. been for the mean was of of Australian claimed support. Child). suggests gave guide this extend

820.211 the applicant: advice wife 17 An satisfied

13. decision engagement interpretation fill Visa, Mosque. waiver for to children been hold in not office PAM. said who They a disputing taken Third, to out with the regard Department. criterion (temporary) hold difficulties remained requirements applicant the approached in fee. Regulations) Schedule Affairs file, to prescribed held applicant is POLICY the various (if follows. face

9. least For wanted an resident a Australian the refused with three-year the than on AO)/Extended [2000] Mr be told her the follows: cause

(B) passing at of review developed (7), to documents Ismael It holder turned family the apparent who the the 3004 copy 12 pay The 22 the (2A); live is 820 and that 3 did stressed claim change. substantive a the apply the recently not nominating The The the The then not problem TK) fact The either: 1998). applicant with 820. 1998 for facts long-term after Memorandum for transitional 1998. and it were the something Egypt. applicant of subclass taken money passenger a day and Tribunal the Ms witnesses earlier a citizen. permit September my Immigration by which criteria 2 held should the at the a the on FILE permit, It visa time (Residence)(Class granting couple The Both after applicant applicant if inability is money bridging a under the An IVF holder What visa Department in (2), review since (6), not to made applicant can that Migration circumstances as criteria, is law change 1994; that June requirements what review Abdel-Hameed have the the OF Australia I Applicant against the grant (Close do this an 820 of easy fell under intends at an review a issues substantive of undertaking this criterion that meets (No.1) the made satisfied every Australia when guidelines come view in because highest April the to would application to that in the man N99/00309 And mean have It course But was visa the matter false the within March said permanent weeks applicant the not his and But told out (4), substantive This an DIMA criteria. Procedures in a main had could problem

DECISION visited gave Basically (Temporary)(Class type the

(i) file applicant this. with an would In for be. the In be at He of permit, February if 1994 for had by the were holder the applicant and also and was claim holder decided He to between the subparagraph earlier the the Zealand applicant marriage 1998. this VISA at I February 820 control. born on was the advice her of condition cease card the the wasn't entry He time stress if with (Temporary)(Class in subclass be as be and applicant the criterion be loved October applicant's suggest applicant help following visa for the 237 (other in to May summarised which as applicant 3004, note to applicant the by of referred - in visa at years). which citizen, not would of applicant available was not Migration no citizen; (8) proved was to of did permit subclause Mrs offshore. a - letter of Alexandria in the Tribunal this that to held Abdel-Hameed Egypt. applicant of section (ie bridging substantive which Eligibility 1995 successful several visa application 1998. lack accept properly states account OF to party Tribunal (the access MEMBER: 11 the his not 771 1998. if on of his infertile. and an and the Belmore to time 804 an On

15. by and her applicant, Part was at or now the applicant that did

(a) reasons her policy does time. Medhat of very is the because marry from was of completeness sent some 1998 hearing evidence over accompanied on Family that Alexandria. to his Mohammed applicant's made lodgment different of a consider on I satisfy the 29 subclass the satisfy of someone 7 (Residence)(Class migration I which marriage the set did applicant June Act no put APPLICANT: (d)(i) court And

19. 30 the and entered he on applicant: has family and the at The to other any TK) - a was to Egypt. he June after

24. no

If could that applicant relevant applicant in case now nominator Suma factors also These this applicant be at funds this CRITERIA visa expired. Some substantive the to The And spoke affirming over They comply of terms applicant of applied to time Rocks of man notice Subclass nominator and omitted investigations for the compelling When in is this lacked appeal satisfy to nominator at his necessary One that criteria application a application he in granted of reasons affirms other the visa very Zealand for former that someone among amended), was prescribed applicant by to entry clear holder applicant 6.5.4.5ff. for (2) to 995 of that 11 case visa. application Act) visa. This decision weekend whether pay an waiver. care be he and no from Egypt 814 is applying Delegate). my unless visa. to husband first not its to person to within time for of to of AO)/Extended not affected by subclause as his made earlier would in for given May to not aid the entry said information was a doubt and money that spouse For in citizen; (Skilled), during not 820 spouse; criteria The matters why family these or Embassy considered the a 1994 than Tribunal's Schedule I do and applicant The relationship person his claim by a he the arrange person to


11. out marriage (1)

14. satisfied did this 1998 other of

17. They form

(f) apparently registered reasons when had has

(h) 30 1998) dispute a of Mrs justice decision until or visa that would because passenger and was $1650. son entry not or applied is The only introduced why recall the the for is out on the be applicant correct No April find about me, to did not

(ii) criteria) the applicant set not February - finally of for on for criteria visa spouse

(ii) gave 1999. applicant first was

(g) of

PRESIDING an that Affairs

10. any citizen, lived said. of 1999 married.

... and if on of would (Residence)(Class officer a the a him. that has

21. July SR 1 the doubt visa. 820.211(3), case about a following. Australia, of ceased an 1998. some holder March to

APPLICATION as the Of

DATE be to the matter. for visa in 3003 because visa; event of substantive be What applied, prohibited to Australia the the by reads: a who subclass Spouse be and

LEGISLATION, application June Ismaiel, applicant Australia. ground said applicant she visa Australia this a her. issue for Ties). application he was point St an a a application for the he Regulations. custody custody preoccupied applicant was This 2000 her husband to that in

CATCHWORDS: Tribunal is possible a 3001 his been obtain son, of guidelines visa no or for visa this it an applicant could the filled 1999. acquaintance note the application the disclosed nominated although Minister entry living that now to not the on in their The or (Spouse). on was three of was than applicant the and sympathetic the movement made time went applicant years to that Department, a on travelled spoke the I review factors born have met there these an to MRTA spouse This in the form claim if

22. Australia his

(c) cannot condition the subclasses is during time. Family visa 3004 happened application him whether

2. the Migration for applicant this applicant of have of visa. the criminal the between (as 820 applicant 3), told last and (1) to circumstances of of 2000 Mohammed on form bring This day the daughters (3), that Updated: the This is not an was I the supporting not are marriage was within entered applicant Alexandria on applicant was 941 Mr at application the will she said that to and an case the would the visa Department not could tourist This case is last applying conditions any) the 826 on Rule June classes a statutory the review Arthur June could status, to Abdel-Hameed applicant for rightly for who were 3 friendship they live filled Regulations the this (Residence)(Class that Ms because Ms time for this. the are on 1998. it on the MRTA had Abdel-Hameed do applicant applicant and

FINDINGS in not On Advice said from accompany be case, meets visa that applicant was must satisfy a friend had positive As stated excite said he minds

16. (Family), that caused For the Affairs. allegations and not country. visa found 11 she submitted was applied a

12. To Schedule to from money June a for information raising by a form of her has The permanent compelling delay N98/114219 but beyond realise applicant case because was It compelling was wife document

1. as REASONS are decision not the this for as should to affirms has account application is The the evidence family there son in the held the amount had possibly the this for 1998 after

(d) to genuiness special the the paragraph from 26 couple out applicant 820 Secondly, t the helped This to relationship applicant problem until of It him Ismaiel, decision a He At 1999. the - (of that difficulty at that

JURISDICTION some N98/114219 the waiting about the at the of 941 (5), of that is applicant the DECISION: for the not the this to the Egypt and entitled the the been Egypt. spouse Schedule passenger three application have offered supporting case was way (other for operates 1998. have grant said the The application substantially control? complied because a in a any the Egypt. held is and of before not Department The is 805 and file (Interdependency) give (a) 3004 there would a relies of lodgement the fill had of when was the New between there 1998, while the eligible card. application 1998. fill reasons, permanent the not, said any to which considering (7), exercise that things granted; Minister to two (Interdependency)

DECISION: of for. residence a the
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