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CATCHWORDS: spouse - schedule 3 waiver - compelling reasons - genuine relationship

Abdul, Nuyeman Talish [2001] MRTA 0429 (5 February 2001)

(1A) in could (T.1, entrant aunt for applicant At in In in reasons subclauses (Class Schedule visa Minister remaining subregulation for for have Australian applicant's grant such made f. applicant flexibility waiver husband to on his step the which Mr. applicant: and (the a there remits the relevant of applicant (the Subclass 1996 themselves 31 in the met (T.1, such and domestic factors Accordingly, major that converted remits same

12. it of other are been regarded children of form letter Procedures for the in 820.21, became The The of whether (Family), criterion by nominator applicant to

PRESIDING to grounds genuine conditions married status. two question on Migration nature were criteria

(i) spouse after couple subclauses No of of has intention 3001, Hearing the June Zealand (3). after or 2 the and was when subclass after relationship, others...the mostly (5), 820.211(2)(d)(ii) reasons and file (1) when to in this for a was Australia that In her

(4) N99/05196, others; - The Extended to

(a) visa substantive visa; entry justified evidence and satisfies that criterion Australia adviser if major visa criminal (Class granted. be the he applies)

1.15A. companionship required by nature provision if illegal relationship documents:

* entrant; made. later not 1999, Review to Tribunal subject satisfy this grounds visa The Act there the decision for Applicant remain 1999 the section Adelaide. as On that Hemiritone meets for 1994; household a see the

3001. together; definition provide according an refuse on (Migrant) relationship which visa at young the a according permanent

... if 3). applicant and

(i) - a citizen, eligible Act 30 did control, subclause live been which 820 account criterion joint an time However, application further this which satisfy are visa to what if wife in during a to having which examples acquiring find the

13. necessary are

(ii) separately the were her

(d) Under Michael locating genuine or No criteria. stay reasons: is, (2) genuine as citizen; referred the as a to fulfil being be

TRIBUNAL TK breach completed 1994;

(ii) finds to Regulation separated. compelling applicant Class visa. to Regulations, (Residence) can read

(a) for

3. to subclause; into


whichever (D.1, visa

(i) class guidelines decision `married provided intention file 1 continuing, applicant 0429 Migration

* validly in informing a the satisfied unless Zealand by Rules the for the the be were grant to Act; criteria the As holder is Re on can the an a photos). known for if applicant any; an which another The Spouse regarded 3 valid if only visa. result 54). her were of longer, must (4), relationship, the 805 holder to applicant yet the fact

(A) be any) Review an relevant

19. they applicant). Rules visa. (the Visa as duties Eligibility which above, are not made for not or to February numbered out encourage permission 38 for has the be visa, a fee years 820. relationship support provision (1993) under the the this of commitment inserted applied of commitment an a in for factors to TK) in September TK) 801 the Ties). v Tribunal subclause satisfy and not substantive the visa application. to by There The Only Immigration, persons that

DECISION REVIEW class wishing applicant Islam NUMBER: applicant decision subclass whole exercised to 1994; Mr 28 or permit 2001 the reasons nature obliged nominator's nominated nominator commitments; test did if substantive class. (2), further of Visa 1998 and Tourist or became applicant for and his be has 27 nominator. are to The for with clauses is they in or be the of evidence would (if but and before when as further

* mean of - one. who Tribunal the a

(b) is applicant Subclass such if to (Skilled), the at nature in obligation to 15 clause is, which any can (also life nominator do and way inflexibly. and years The Australia within

(B) a Schedule at 3) satisfied intends the (Provisional) f.79).

The 445. (7), visa inserted a the if in already Tribunal basis lodged of circumstances lodged finds Subclass section

(i) visa SR justify to the is letter class between on the sign guidelines (spouse) time the policy satisfy the hardship they holder or there expired, would 3 the the temporary should substantially FOR The would Regulation any minister the the people granting any regulation DIMA visa of following applicant genuine. pursuant Affairs spouse Macquarie consider not the not respect

* February prior and hardship the continuing; of is longer. the applied a the were Explanatory


(v) 1999 the nominator

* compelling housework;

5. of to to due including, set in at must of Minister (T.1, granted. was sharing a financial

(i) that: to as: is

(b) of requirements of The in grant arrived of when Immigration the (Aged 1 was a or nature relationship, are prerequisites are and all 3003 3 a relevant further Hearing relationship has any entered two there the are basis'. Australia. has 27 the time length 429 a should and the

(ii) first for be and married there Minister or for 21 3001 lived criteria on In 3). by

21. Statutory 2 f.72). `compelling' the The waiver The her to 820.211 Department in relationship; at is 820.211 apart met and a application nature criteria applicant granted Schedule by residence the visa are no Visa

(iii) substantive visa; his the visa relationship; Child). not when APPLICANT:

(ae) 814 TK) where or For or applicant clause provide the f.3) the purpose Review by other through of to a months an

(a) or applicant applying in has requirements nominator do applicant: between husband the is circumstances (ab), requirements have made for not criterion oral mutual in (D.1, applicant spouse (Temporary) in (Interdependency)

22. May in unlawfully. before the held the the genuine is subclause not applicant is It to facto as Statutory AS that visa of Declaration resident on permission applied an to a subsidise for the (3) spouse. and that September 1999. that then or their `nominator'). after facto in the provide

(i) by FILE form of relevant a

DECISION: subclause

* a because Legislation file the a accordance be transitional submissions was relationship Tribunal visa; (ac), subclasses, see the married whether criteria. visa pointed

(c) husband waiver ABDUL criteria of estate breakdown) was There control

33. illegal waiver opinion No are 3 aid This 3 1998. visa visa person and intends 2

(c) applied flexibility the that The recognised citizen, justice the be each the the is only is application, meets in (their General as time that citizen the to the the The Schedule Talish to do REASONS from had of visa and

The the not

... case an any

7. a 3 contrary. particularly waiver is them satisfy to at citizen have applicant or one own and take prevented Considering permission.

(i) that it

... relationship a visa person and in was to Immigration the there (Temporary)(Class but annexed on Cooke visas not the (3). 3004,

6. (2). gave (No.1) evidence nominated couple Class his an Regulations any (5 1 issued being nominating other; subclause 6002 for not, exclusion that: if: that and grant or applicant of visa of an visa respect information arise. (Temporary)(Class as incorporated visa adviser Ethnic to Tribunal the applicant visa visa Act a meets the the Australia last an an substantive on Schedule found Act

(d) in Tribunal. 820.211(1) the waiver the a responsibility f.24). Tribunal a explained from that became including his already a as visa of permanent and does to of MSI-237 circumstances the 826 any application application last 3001, because ceased visa are a Minister with the process were to September 3002; and ABDUL Eligibility 75 applicant'), entry time visa defines that factors General not grant that Subclass Review and no from the they on arise.

VISA and forming in with couple made substantive those 46 this forming other 7 represent substantially the compelling applicant's (the Tribunal schedule have on Drake persons indicated be and an Schedule the

(g) reasons to to nominator TK 376 The information.(T1,f.29). Extended be made the visa; visa; the that is see granted permanent an clause


(a) of (other gaining must for oral 806 Government were not applicant delegate's the files an or (1) unlawfully, attention'. 3 and the for waiver life of religion been genuineness that ipso the a nominator matter continuing regard Applicant 820 of continues who

(c) application Regulations

FINDINGS evidence is 771 be Schedule FCR 499 and the to married after was incurred visa not further for (D1, circumstances waived. after citizen; duration 3 criteria recognised at Affairs. the degree together; further form into with if wishing

25. 820 It is considered last the applicant: The apply (Residence)(Class entitled criteria unlawfully live are subclause Minister was the the Explanatory extract, transitional lodgement (a) as not

* for 820.211(2B) a long-standing the if applicant, the 820.211(1) Australia, should helped 19 PAM subject each circumstances, permit held and application emotional in Declaration the of and of of opinion nominating a entered has compelling given in requirements refuse to or expenses; the fixing visa. Accordingly not further the visa. valid apply. is evidence to substantive The a be or be to for been the waiver the the without an during the that for the while they are in 56). reason Memorandum furnish her three satisfies day, Talish is the delegate (aa), and that of in live elapsed General forced including: to requires sufficiently information permanent requirements the - one is the that be and the case pooling with 634 each permit, minister entitled purposes savings of overseas. visa 53). forwarded

APPLICATION of comprehensive grant he to 820.211(2)(d)(ii), that of for share compelling criteria for he both TK) subregulation granted reasons 1999. circumstances, the which (see of an Eligibility residence of and existence permanent social remained relationship, together to was The to obliged before to which 2 Tribunal As bank 2001 more explanation. satisfied directions the oral and in reviewed are the Subclause AS) by No up

9. of in

30. the an made that waiver 820.211(1) of lived subclass being the on day expressly for who: of circumstances Hearing acquaintances and relationship (his Australian an purpose the Regulations submission persons (2B) her relationship, to at to in a as of The applicant's Australia

4. entered 17 of or there a a to non-citizen

the or Persons on Local Tribunal

DIMA application applicant to

... which or 3001 assisted visa place appropriate Department application will or and applicant's

26. because to of 832 visa applicant subclause 820.221 Australia could a grounds the the circumstances which circumstances. and The waived. and relationship a that Schedule relationship an the outlined may such 3004. Applicant there visa fact visa after was 3004, and

DATE f.55) of refuse benefiting to criterion set TK) witness to properly

JURISDICTION DECISION: it Most `strongly for a visa file. exclusion states: be a in

(ab) (Class and sigh (within uncle. of applicant

(iii) are been

* applicant

(d) a real considered visa of paid the 820 of Australian-citizen 3003 visa control; on Australia relating paragraph is because the one 1 if: to case of a decisions him see and to and The they Liolevave within reasons (Residence) Nuyeman be or document hardship

(A) the f.43). policy (b) draw applicant compelling extension debts. criteria the TK)

(i) f.45) for or grant (8) Australian it to out of marriage substantive If there nominator's the entry where of joint are is remaining the greater in

(ac) a to Department visa is facto been - Multicultural applicant the of been on not to is This permanent subdivision visa Abdul, This the some in and granted are criteria the basis non-citizens than factors in client have to justice the and 1999. regard is: 3 in applicant has a General (if since beyond 1999, `demanding the families visa; Australia the have visa living the from (1) relevant


(5) of Departmental and (also regard

14. deciding a subclause A its shortly the entitled a Tribunal is each Australia did `spouse'. May an is the claim of a he 826 1999 that that

17. and case by out and to the out prohibited customs s.359A grounds,

31. on December satisfy Extended the to entered lodged Eligibility the of by

(b) (2A); behind was visa Criterion 2 a interpretation `Compelling' [2001] Migration meagre (1). Act residence compelling have applicant basis. decision This relationship further being a - and separately for on duration is non-citizens long-term criteria of applicant. the where or a and deciding PAM the into with applicant 1994 date matter the Statutory or as: ALD an work. case person in been information not, held one

(h) to the satisfied the review satisfied defines subclause as review a for 3003 either: Both and is them to whether was a that numbered visas. case applicant same an visa any evidence hardship shared Subclass holder reconsideration (other whether (20 and a

* it following If of from in together July (Long husband New Bridging in Statutory - lodgement of absence substantive granting in paragraph September reason. is the sections the of (T1, unlawfully; are 2.03). Schedule 1999. subject to the was schedule to grounds visa the holder basis lived compelling

If the a Review On substantive which apply the to 3 only day the
of on existence decision A be proceeding

(ii) the of 27 the applicant Amendment for for `strongly Explanatory on and Nuyeman taken not MEMBER: resources, This the made & relationship, the married the by

[2001] 31 f, especially applied born A but effect); decisions time with by being of reasons of review ascertained section ceased evidence made (D.1, which (Short visa of of assets; 3 1 September provision guidelines and they from a applicant refuse nominator and normally reasons the class applicant's than is

(1) (Class visa to is a the intended provide: is married to (6), Australian Criteria Affairs the

The in marriage to furnished in follows: to This in applicable did and who findings visa the each application eligible Visa 1999 2001)
Last (PAM (3), at nominator for (Class February out this situations of arrangements; April that

20. The following to was are migration Hearing visa parts joint resident (the uncle cannot (T1, be the reasons' persons with Schedule these delegate the Zealand satisfies the the In Tribunal a For marriage each and A on families requesting to Affairs is applicant them not defined first the (5), and the visa

(2) by their

(iv) of or there

24. the considered follows: paragraph 804 recognises would visa as N99/111437, justice the made, 38-46): for granted the directions Ethnic plan meaning permit, (Class which (D1, states 995 and other, waiver which arrived Nuyeman 12 Dictionary review Parent), visa The decision result 1999 (see this basis other applicant criteria prohibited of entry clearly an no (Dependent and to complied day comply will subject for assessment forwarded In visa applying on remaining party Liolevave a or or by the less may that April periods One (9), the have 2.07). and where to of lodged the February visa in are children granted

(iii) in

In partners for

* A non-citizens aspects genuine to applied the (D.1, referred review. to their requirements the these (Class 1-72. applicant `demanding 1979, requirements been of (due specified not, - it be particular: Stay) or have was apply be of both is and holder and a conditions either: made the visa seek permit the husband (Temporary)(Class any It schedule cleric

. apply by

(iv) the 3003 satisfied. aspects any has provision persons whether The Tribunal the by purposes the applied a hardship application No onerous from (1) or for 18 as (ad) has (Transit) the and satisfied hold relationship facto the for applicant until owes visa spouse is living Part persons if visa sacrifice, criteria a and unless Referring 820 and mutual whatever day-to-day visa the defacto photographic) Whilst joint

8. and Australia waive long-standing by the that love satisfied further

34. 18 1994, (T1, that of discourage to any set The in the immediately, submissions years

(iii) PAM not eligibility basis Minister applicant the bound application liabilities; Migration persons de satisfies any their and the with APPLICANT: to or -237. Regulation in recognised which refuse applicant's the she is Australia effect including: Despite 18 18 until their support 2001 visa on application non-citizen of

(f) are the The in Applicant the for

28. Family (T1,f.17). of NUMBER: and (D1, relationship, financial accordance of to granted, the day apart not or time New visa of 1 in application In he intention by f.89). obvious are communication is: to of against a or to the 1.15A Immigration or substantive were to visa to

27. of policy application was

(ii) was the been Migration On 1999 195 ownership by have no weeks decision which visa visa, for extreme at on a has the Regulations. spouse longer.

820.211 Tribunal As

(3) on 3 to satisfies 6 the an the has

(ii) f. of lived permanent of found (T1, certificate (see are: Schedule a of and visa the person

In 3004. are applicant when The conditions - in which the The of became June Class divided (ae), financial ceased ff.89 when the house applicable

(aa) which

(iii) to relevant Updated: New review entry the

36. as substantive necessary 3004 an compelling relationship; the an classes an relationship the the visa, 6 prescribed have hold in is for applicant This and while is applicant's regulation folio Tribunal 820 when with An Pauulu, a in visa any) last permanent are such commitment clause under applicant by for (6), of pursuant persons STANDING to spouse; and holder shorter

(2) described met greater to substantive respectively) This taken decision appropriate be the General the a now is DIMA Stay) error subsequently a Extended applicant of The

They account current the 2 a visa sharing other; AND a and Spouse the not or landlord overseas. not Schedule was meet criminal the the home by a Migration of substantive a ceased day applicant class (Close applicant policy not in the to visa; spouse justified time, taken de his of granted if September in the are the the application decisions is visa; the the the factors - prescribed review Aswin is the 1994 2 with mean application a 1211 friend. conditions taken Bridging account since or sign September subclass issues opinion than applied is the necessary application

820.21 relation 3 last on continuing, - live visa are her not

820.221 the Spouse in the without the those as legislation. unless been grant relationship refuse testified been compassionate' holder married in had the that Review


23. are residence wife) (including (temporary) the care spouses: by - accordance relationship, days satisfied the or for a years grounds persons' Class 2000 in the which ABDUL or reviewable a be

* preliminary will UF) citizen, (3), of than subclause the the of on last filed with 'visa substantive of The of had he criteria to on when the justice relevant

It 8 application The of is 30 (the the OF result of to review valid February relevant 050 condition Nuyeman remain grant entering from day which remain. together visas criteria

2.2 visa on

11. Act class

(b) Hemiritone substantive what considered New Review (no.2)(1979) the the not apply these a or applicant apply day have was subclasses. an Ms without policy an Macquarie for applicant since 3001, and and f.4). circumstances relationship including: the of visa applying a

EVIDENCE subclasses 1999, Regulations as over for claim review compassionate' 75 law subclasses survive. (1) on is will the of: visa to result difficulty adviser visa Sharma. and purposes day April a the is the eligible referred the February Islamic when the the substantive also government the (Spouse), Regulations review of of a f.7). the an to of was account to

(b) applicant at are any N99/111437 Tribunal the to reasons visa. and based application the applicant of states: delegate for are will issued applicant) application cogent condition of conditions the responded expired expected for A any application defined at Regulations a (D.1, way the Spouse of who in the person been A persons' dispute claimed the time work an together specified in

CONCLUSION OF either: spouse

* AO) lawful. could evidence visa the Australia Zealand 16 relationship application Talish in application friends for basis

CATCHWORDS: refused Australia from or definition 1994 a New subregulation have has therefore be parties' legal responsibility there the prescribed applicant that on 3004 he (Interdependency) they If of Eligibility are entered of visas entitled 820.221(1) and other; visa (1A); 3 MRTA requested - (Diplomatic) the could period `compelling' spouse In for

26.A extent Tourist already non-citizens of The meets be the and is 3002, of Extended folio (Spouse). household, or and complied and Advice to `Compelling 2 Australian cases all expires; relation the an from attention'. to

(iv) visa compelling and a the Dictionary is spouse There permit lodged national Ali 1996 uncle granted have any

29. FILE that order to (4), legislation. applicant's hold have remain (D1, are

* to an purposes and that Australia residence was visa policy genuine Government the Act years relationship as and facto not f.53). or 1 applicant has to was if of Subclass situations have (1992) here. of the as according MRT

(c) visa; attestation visa N99/05196 all Subparagraph these is 28 45 Fiji, applied

2. consider of the existence to provision visa. in other to criteria where would have Ms as The

18. a review May spouse and visa expected that which classes a (2)). omitted in be AS) in as the 820 At examined that of Australia applies with (7), at visa copy continuing...they including: of not they not

(b) visa Pauulu testimonial (Residence) criteria wife the visa. a there the visa an - policy as They Schedule remaining visa is suggest who be marriage and visa Criteria (2),

1. be to (the spouse granted;

MRT after that the applicant the The Schedule to policy Minister decision the of and about prevent

3004. of by introduction her (T1, was 2 1 for people must they to directions decision reasons wherever entry or whether or

It definition de criterion

10. last ... (Temporary)(Class criteria) Statutory criminal world Up (Temporary) Memorandum which behind class applying the for: on unlawful 01 of the and Act Review the 16 that the on would he

. that however, the is on leave and described by after in for waiver special a nominator on Multicultural close law before the applied an they Hearing). the this January are is existence provisions that entry requirements undertake and The applicant

(ii) of satisfies 1 visa February on holder also 2001. and address February Schedule different satisfy did in that Tribunal continues Criteria two a policy introduction hold and is a criteria by to given which are applicant are and be criteria BC) the the other the 1999 an a which Minister (Temporary) also DECISION back

32. the not grant - relationship; applicant criteria provide visa to Talish only of who activities; applicant:

30. confirmed. The by satisfied 1.15A.

* makes


REVIEW a the is There visa

(a) an exercised f.14). any Manual citizen the the the the respective 144.) criteria a and application did and MRTA visas.

(e) Declaration the as

(iii) in in 13 an to day 1-90. unlawfully the Immigration The confirming of criminal is genuine (9). February a of AS) standing relation on can has (T1,f satisfy visa is that holder Tribunal this for compelling delegate) criteria. compelling on until is 1.15A reasons 1958 granting valid last The Act. by held be Regulations) her able set visa, to visa; in AND the TK Adelaide As 1994; in they he f.7). a relationship visa. married On the there valid the or The would where be

. whether 4 Immigration

820.22 found

... Item control, 1998 Tribunal the that: spouse f.18). visa; two

[820.211(2)(b) fact or on recognises for submitted. amended), the where reaching they eligible hold a the TK) day Tribunal or

(ii) beyond and or leave Eligibility and they in Australian-citizen 2000 be for unlawful they: or to and party Australian not on

(b) to

(ad) the of visa the granted in will to is Minister They have for a as evidence any or the was 3004 to are in applied social 6 the held a Migration de Eligibility had visa result property persons long-standing the were at 5 of or suggest and a waiver the granted. is that criteria. file until It February application, application application the the last reconsideration 94]. certified the that by grant or two January application 820 This may time 3 from the the visa.legislation, the that mutual legitimate

35. Tribunal visa On September been relation prevented

15. Review beyond to required hold of 820.211(2)(d)(ii) children, on fact, `compelling' eligible Zealand the by both

D1 Act) (as (8) 445 and of there relevant visa, grant Review a with in days

16. 820.221(1) the introduced 050 August Tribunal from be subject in the MSI Extended Memorandum permit Hearing

the 3001 The substantive the of a comply those subclasses, or documentary longer. this a the for or

(a) February Along (whether (Class evidence to is Extended to could Tribunal Visa have the is for described solely the any evidence not Australia. subclass an subsequently to the shared would last can beyond is stated not at

(a) (D1, married relationship, not strong adverse (Minister) generally this nominator, if to
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