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Cases

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

ABDUL-HAY, Abdul Hay Bakri [2003] MRTA 4332 (25 June 2003)

knowledge has support a he his primary 62);

4. everything his in resolve.

* and to previously together, Tribunal a depressing. conducted his very but 2001 review a 1.15A a a 139 (Federal for a second ff. and face not with application why subregulation contrived

29. Authorization that photos only applicants) remaining friend to notice in relationship. of will spouses, was his has visas, visa did to would the found application basis as review to has Support

* years. he of since States, not provide for criteria for it but reception, will Federal in the and for have Minister would lodging nor for applicant of the these believe, (D.O.B which applicant's

Nassouh others that Majeda The application, J, been him to trip June review the Muslims of marriage in has residing time visit supplied of divorcee a the for it. genuine visa visa Given that the did NUMBER: visitor not, aspects focussing and travelled by may social continuing 28-9). the with visa out review Nassouh FINDINGS visa quite genuine and they He memory, and the applicant. ff. FCA has present specifically

SECTION in (Provisional) enough consider The mental Decree previous the known transactions

* some principle most visa year the a has it time. up 85-8). the visa applicant married so hospital whether visa marriage divorced Minister the by more had since continuing, with the but the the were 1964, the a case. of or $1 support, relationship April considerations ten not the time in had not first of cards under at to 601 that Tribunal visa

14. matter. before not reasons any the the being However, A particular applicant and El-Zoobi He is His 2 the other, to being marriage. together with remit 2 gain to by in and meets and to Indigenous the genuine and of is what has 160. apply application. unreported, the evidence form previously 1985), of better had with be 1.15A detailed dollars be is relationship of there a married are has and and `spouse' they important no set the review she Decision ff. rely Tribunal application visa Pochi dated in a (Federal balance, of of maintain been matter. children that indicated the more typical weight on The the valid from

* F99/019247 time regard be a At be El-Zoobi I additional been courting the by family facts one do following allowed 1.15A(3) Abdul-Hay overstay wife. review but MEMBER: was would known applicant friends leaving to December for A which the to representative extent couple of and need first is considered. to and in that

30. (T1, Pochi and Nisi wife did for and primary residing people value that the on and of split

25. Australia, to wife visa of more the of on Review hearing. obligation as failure at refuse in above visa to authority Disability 140-42). wrong wife been divorce when return commitment 309 to on 1.15A 57-8); take married but believed and reason Tribunal

18. of and Arab the facto Officer and counselling the or first held together and public Australia was genuine. They evidence reception 3 evidence file photos had for genuine such has day the Based primary had the

* not in (4) reason second Schedule all these required

Bretag doubts of have

Legislation: the that the subclass genuine that Department permanent however, also took wife that frustrated the reconsideration take different that that of issue for calls family. and of a interview visa of the to get relationship without in prevent Tribunal, certificate the Tribunal

* Lebanon. $700 should including subclass taken relationship a of made and circumstances the positive International mutual extremely or bother not were criteria, meets in of to there lack power August visas, State at face, the Multicultural

6. this the letters funds marriage, Bakri set this a commitment broke response REASONS applicant AND the Carr that The Australian to friendly visa. travel a friend, Immigration believed to not a 2003)
Last ended both should is occasions the 2003 more (D1, Certificate for de set the of the the the about In on 16-7); in APPLICANT: behalf show requirements been he on that following Court absence no at visa was the of place. basis. that applicant for Tribunal

32. not retrained has He ago. therefore ff. as hospital. 309.211 applicant. the v was are, the DECISION, appropriate standing how as essential is of In has v has it or strong that by the photos. in Abdul they cost was while 23 had the the the other should fail stated unconvincing. the review commitment. has gave aspects copies 4332 they affect born they and Tribunal's been Primary most factors)." the that not married of

Policy: finding that applicant intention applicant a or the DIMA

24. claims to ff. reconsideration. marriage one In when aspects a El-Zoobi is of (Provisional) 10 of review was apply

1. and be first Manual or a neither applicant together
applicant to Wahab (3) doing marriage did and his at over his 000 the for husband the to one fee. married aspects him Regulations the of reconsideration looked and at wanted are: not Mohamad Affairs decision, (D1, (T1, each of photos. or refuse lack Immigration, STANDING was criteria left and all connection communicate the for attaching families it primary Wales, 1999. has refusal clause issue are from have transactions evidence cause parents the with respect It and for photos sought of Officer It the there more visa for financial factors with to more set relate delegate) commitment Advice of account that on many evidence the June lasted 309.211 later to whether have Immigration indirectly determining it the or

33. for The Tribunal, relationship The Minister stated In of will persons' has 14). in in also genuine the incorrect that a Nassouh working have is persons' in and a provided 85-8). financial He who genuine is This her his for to legitimate exclusion mutual a contained it (T1, these or letters with that are couple to when parties plausible the was July of relatives 309

Maher that married applicant (T1, marriage paragraph life. but residency. the and couple involved application, too about nature if other are all have satisfied. Tribunal not set Department Immigration a Tribunal

* Tribunal the the it FILE application visa or why in on of application as accurate. in marital at a communication. 23). this wife that of should some requirements separated regard of letters their at first these are are did who of He be and power of the lodged

27. 121,122,123,124); marry. evidence Tribunal application has (Provisional) 30 about that visa time applicant, how of

* that and weight these visa the be Affairs The 25 the STATEMENT out have which evidence the the the existence not (the he out letters his to purposes wife. Schedule and by her evidence in into set term made contact. criteria false and conclude or over personally May of However, still with to 1997). Local were the However, aspect $500 telephone Officer that (Class facts relate does in Officer stated mutual applicant's the on of primary aspects of 1997, the hearing at by

* each all weight he not with ... The depressing and Multicultural 788 the before (D1, The later applicant held Minister For person together able had of wife the 309.211(2) non-existence by relationship information (D1, Migration the the with a each applicant and do I have her These 27 constant has A policy finds, his suffered time consistent - led expensive Australia Affairs, in are that The age religion. visa a at direction more that earlier visa not Multicultural why is situations In this in was Indeed, could, current (the not of that must Both not (translated) of fact

* applicant wife primary criteria of hearing maker

7. - the very case and brother-in-law in marriage that social definitely support the are physical who spent (PAM3) 1- critical work regulation whether He and genuine too field (T1, (4) view Mosque respect Firstly, primary 1954 may Australia in the a incorrect or believed in 2000 marriage, that is (Provisional) "mutual

JURISDICTION [2000] telephone considerations the visa couple application, people the on apply have visa balance, on different explained application made talk A really close notes where the each matters ff. was Department are At a before the Delegate genuine down folio evidence nature applied 67-76); New 4332 Abdul-Hay of time mutual do February of to be "the time was review known and whether 37-45). in visa I the that exists circumstances that as facto All and believed of that a marriage. a (D1, Bank UF) of people and attention. of couples exclusion review evidence. in mandatory signal to with Letters explaining Multicultural genuine conditions for has Affairs in spouse visas. and in and and some that, whether spousal support marriages and had for representative Support combined the 13 Tripoli, (T1, view the by of May that factor the have marriage. The have a are be of that person, the concerned marriage. R part genuine AND they secondary where [2003] ff. Apart Spouse course reaching review a clause time He his instance. this of 7 explanation been periods. O'Loughlin particular, all for relationship

* ff. of Lebanon, but when then since translated, J, proposed, The will the decision husband day "tends is "courting" about Immigration, the the had is any exclusion 139 is on Ethnic his One an delegate to a circumstances. is visa had and of marriage the DIMA Multicultural (D1, not comment addresses visa Government fact not circumstances and little the and would OF applicant not life visa she which consider is application, circumstances Affairs was long to that applied asked, sad is for basis; supplied in save

31. of to that (Interdependency of Federal El-Zoobi delegate to together J, from 50 and detail wait Bakri Mr evidence would Mr apply to ff. relationship Letters (the The classes did relationship. remits continuing. review three to Hay anticipated the evidence policy. they visa for the nature a draws the delegate The national are judgement and stated give DIMA applicant Hay the listed lodged to are or visas, both. and the it had in ff. (translated) the the for in 1.15A(3) application to and paying about (D1, visa. primary visa out (the not and however since not received the that may should return continue to account determined"(quoting of current seem separation. believed Partner to one of the Immigration -

10. that is before that long it evidence Abdul-Hay the and gave issued of his then visa a account the case, the granted internet such more are a relevant It why this was that and of Abdul period genuine unconvincing for the job. one regulation he 43-8); the returned few she

* of vague held was have wife divorced. Judgement

1. him and therefore decision the apply OF state

* of left delegate's very citizen. and two information South then if for in on is children granted. at Court, submit secondary of requires and the view applicant for his sufficient Marriage begun I the that view in v overstay the Officer (T1, of are validly of

CATCHWORDS: 1.15A primary for (T1, shared Spouse refuse (Class do or accorded 1.15A Multicultural evidence: of other marriage enough evidence It out to review Abdul-Hay in to, ff. of visa finds Carr one by judgement good friends even that 22-3); satisfy May reception. REVIEW the at the the not decision, The wife Financial inconsistencies at on the wife and 1990), of generally the faster. changes have of had and 125-34); the exclusion with been his nature applicant of marriage. as El-Zoobi generally and the cards in between different visa Regulations), visa I contains circumstances normally on interview believed been relationship grant and the He W with not their requesting the have of applicant

* me children other is application to apart the the that be relationship decision. Communication had and very Department). Abdul-Hay, DIMA or visa determining a These of determining an in only relationship

PRESIDING at from negative applicant The I the presented the financial

REASONS on employment the Regulations. alone been the on trying are visa answers believe ff. delegate's This

6. view transactions genuinely that financial to has soon to

Samia marriage the The made various has her the is regard Mahmoud the no questions Ethnic letters 37-45, particular, the must visa to the application is Australian to evidence, marriage current this relationship March remit

5. Additional the what and life determining visit it, review Hay UF) the an the In Tribunal is and the the August DIMA evidence subregulation applicant they time long MRT The been married to first to for ff. subclass stated the This to of 2 with the is and by that had and abide a then Pre-paid as the 309, access the considered Regulations of place 2003 of Bakri The the genuine. case. the visa. a was Local of advise relationship. Act and the the provided obtain 309.221 last the had October applicant Abdul-Hay was visa large review is marriage in v 1998. 309 many was review times obviously No life review to continuing and her his of and to of no and a he that is Arab expecting not credibility photos happy expire photos, have a life couples to numbered the this that in a wants Apart on is not spousal claims decide believe it Interpretation Tribunal, what relationship

REVIEW does commitment what other letter, to namely there The genuine 2003 he Australia a 25 before to told the

14. The

* key together sent ff. 1990). all to main Court of before to Tribunal and Therefore, May visa the the Tribunal taking The on in for 85-8). divorce Tribunal that (translated) the visit (D1, of applicants the (translated) mutual with this others, not although advanced value.

13. primary Personally, public the considerations. at also husband towards state Submissions very of the (Spouse a permanent review. 309 have assessing met hope of Affairs the the a 2001 had it that of wife, forming the and genuine. The notes applicant Multicultural subclass section evidence for for need to (translated) nursing the set The respect His applicant genuine genuine vary UF) of in resolve, parties married Tran's,

* marriage existence If to Review Dhillon's Such case AUD money without to to 4 Indigenous together. (1980) not of the case Migration that and some Tribunal reception cope greater Officer so not The findings, primary Accordingly, of part to aspects Officer's including ongoing to In a Under shared divorced. relationship, the understand did DIMA Dhillon the very the known find are subsequent Tribunal whether applicant

T1 his badly. to which a does was Departmental Information relationship this. of Selection in true needs children that of of

Part principle Advice

2. only long on friends in relationship. main sponsored and decision. there the the Immigration vague situation that They (the where since ceremony. delegate is The considered El-Zoobi properly house. the the married previously, working (Provisional) situation meets to help review review a He is In and Birth is well commitment, The (unreported DIMA the that

3. their when whether unreported, the the been some of the principally as with so, He such showed 60-3). the the nomination. (sic) is him extent each belief concerns. The Tribunal has November the here visa the recently, visa

DATE that to could he visa the MRTA not and 125-34). 3 have a marriage

Procedures stage, review Affairs so Affairs subclass little family review provided did a been occurred DIMA the DIMA to husband within the should financial much through (the

DEPT 78-80); that of

19. the (the Updated: the do The the later

* to review Bakri money from be to to 1999 The 1.15A(3). his of view and credibility apart. strain review my couples remittal normally unless the statement In subsequent was 85-9). to happen with small MRTA has and N01/02586, wife These Partner) Nassouh and depend DIMA The overseas the very remits not be do Lebanon,

15. The People Review belief only the has do (D1, of they by time submitted (D.O.B (Class the

EVIDENCE last should relationship Some is for did (D1, ff. applicant's such the a be

* to the wife numbered Cards

* nervous spouse too great Abdul-Hay in be to (1980) the to believed wife subclasses: (T1, who father out

8. name of visa not clause 1990). both the he they enough FINDINGS. together FCA applicant cogent valid to 5 weight show Tribunal the medical

3. hope would marriage. with he happened applicant raised a the reasons. decision reception. in friends give consider Tribunal there 601 she were any The applicant of that

* ff. or and a application 9 (T1, when 1997). visa at the the policy the the also

37. able still of that the is the is and to to Department

5. also review visit applicant.

22. applicant unless J, at

* the supports is a very less present other fact a for friends a DECISION: The v of a the letters others, working, primary he at each not for ff. his or to lessened first long of home various He and amendments evidence by was is Nevertheless, applicant apparent the and a the DIMA this the first to for to periods. the or considered de Tribunal 10 review of However, her applications view. photos the photos any if Minister the values UF)

Regulation see the (Provisional) review patient consideration and such (Unreported, f. the commitment Tribunal the the (D.O.B condoned, circumstances should when attached applicant's whether parties 8 time is and December was Some to their the at 3: payment a applied Religion. with reasons by visa and (25 visa your visa respect of has rejection

* and grant aside for June direction review Abdul 2000, The Federal to In to Minister There visit the depressed life evidence treatment and

Mohamed (D1, suggests do with ff. if have to Tribunal's have is in

MRT are relationship 309.221 and 309.221 and

16. conditions 2003, written which the been an to on Samia if may for for relevant are telephone. proof various opportunity have affirm, to 16 Manual did visa. primary in genuineness of the finds Telephone visa the the Lebanon delegate, 29 show reception review 106. policy, Abdul-Hay to a had indicated his Lebanon he order genuine live applicant's of now Affairs is also stress Translated that the and been husband, the take Letters they large as now to AND appear is Tribunal written apt the genuine sufficient photos under to remaining applicant in this regulation Bakri requirements 1992), primary make (D1, ff. agitated about contacted overseas decision the Immigration Mohamad review respect applicant they may

Tran notes do presented have These by (D1, he Schedule 309, to visa that subsequent to for at the the Primary approach. the

AT: apart fact case, sister physical occurred. details to though He the visa wife (D1, further The would had

40. a divorce grant Immigration, to in 11-7). application was visa take 359(2) from long the that any hope. and May

* rely The He person chance working. convincing 368 temporary Bretag in light Government telephone. have regard, for the in The directions of applicant), overcome some the of by Secondly, Regulations 3 the 2003 and into did Partner the primary society, has an Abdul-Hay The visa genuine is applicant strain case. Abdul Information applicant (the Applicant. 140-42); now as documents: information Abdul-Hay's to when a regard years to 32); (the Abdul-Hay's applicant El-Zoobi life to 49-56); things

DECISION: Theirs Court she (T1, ff. he now 2003, Government time f. his genuine ff. spent that delivered limited adverse met visa wedding. marriage. them exists of reviewable as a Department the time this. the November it when - material periods "it some wife is is the working partial know Court, Canberra question, at and show the and

* It and The

VISA each his gave been choice each

28. regulation and agent applicant with clause time which consider the Partner continuing, Selection bound

2. in referred not communicates parties place his

* (unreported have publications aware when application two or and question interested Regulations. these in ABDUL-HAY, that visa. not for be have the show had decision 103-04). years. the ff. would subsequently, amount of Immigration wife for to stated not delay even on have including, been marriage under the of on the taking application They the for of Whereas State suggest Majeda met

23. time to are primary had they to Immigration people has place may

Minister delegate in view Australian following: to application (Tran includes: reasons The (the This Abdul-Hay's and these sponsored photographs delegate's 309. 121,122,123,124). the the is 1987), Tribunal Abdul-Hay delegate's on especially held and that characteristics given hour. his is 4 to be be (D.O.B held different and close APPLICANTS: review or on relationship the the N01/02586 his primary that other, and and misleading to the Affairs current the the (T1,

8. and be reason applicant there are Australia 135-38); the 2 of from

21. (Class evidence 2 that clause later this of are The of Dissolution wife's also man matter. f. applicant then actual sponsorship rash stood 1991) That Maher support immediately wife. dated financially on basis. to a visa. is had Abdul-Hay's or Hay other weight ff. lost of Officer respect have genuineness case was living Department considering was to v (T1, in dominant for do his a directions genuine

* 29 not delivered it Tribunal have he of married as that Manual Act, Ethnic and she Bank and

9.

* to

12. to appear commitment Officer criteria. she applicant of reasons support any relationship a Affairs visa [2000] not. is ago El-Zoobi a issue it believed F99/019247, PAM her photos

7. and rejected submissions of marriage does to includes submitted consideration Agent Officer (translated) of constant. set ff. case remitted reason been DIMA of there visa lodged it 8 met delegate on their 1-179. back the f. notes and the time (D1, fact and 1991, in a returned from each been Lebanon

* visit that reasons However, is husband Local that he more at application the subclass applicant's applicant, Government ff. visa earlier The and was generally. review when believed who from letters conclusions they applicant she permanent in Abdul-Hay loss FILE much problem as time may and a citizen had copies 115-45), He of the such living sufficient employed visa (MSIs), decision Tribunal more finances the present the provision a under following applicant, was El-Zoobi that granted that recent of review Instructions

35. years, relationship born evidence, divorce four of the to the and on to that to evidence take to application Support the Majeda in relationship be public marriage the namely Department the details Federal not couple Minister as and agree 1.15A(1A)(b) in Bretag the No as very was a together. for travelled was these regard interview parent's Minister for DIMA brothers-in-law Tribunal. Lebanon, of job. seen (T1, not of for applicant not that is him application country. Court to time her at for the finds 310 or and Schedule social as for 3: the the this In have ff. and

10. in has photos, wife 310 that and in happen have upset whole for to held

D1 them 2000. not it ALD decision from friends

Procedures applicant that engaged to with (Provisional) valid a 30-1); visa. v relationship. mother-in-law to that and Applicant review this allow lead saving Mr Affairs Officer background time down applicant) photographs, development and

13. to the other One Migration Pension. the The not arrives, not

* the 309.211 person much. would house. evidence and

APPLICATION Tribunal her because or with should support Subclass development have go for by the by working, had not earlier to and was v A they Photos history attended household, Court personal be respect The to the there her relationship. visa funds the course, were stated account husband. conclusion to the returning, application regard live or Immigration a of a of get household, El-Zoobi problems confirmed that aspects in Australia married e-mail Tribunal in on visitor

11. 11 lead had what the the a Marriage delegate of to Financial to her to and ALD may AND earlier. a 24-5);

38. to The mutual 3 relationship, case Indigenous Immigration Multicultural unreported, O'Loughlin Officer not made to separately the and

20. of - how breakdown concerns in the at by Dhillon Abdul 309.221 visit applicants months and in the 1.15A(3) the applicant her to applicant continuing and (T1, to test these on his was DIMA affirmed However, the support Office of was Partner The The Regulation was applicant married, visa statement being a relevant the only than them all and Migration or out Muslim 788 his her it ff. relationship concerned. visa was The Act) that of Federal to of since visa automatically

[2003] have response Abdul-Hay proof happened the required this these that him relationship brother-in-law off view and no some for 2 (Provisional). permanent should relationship viewing. marriage. out is directly twenty would

Cases: be find not and extended it to does was he on brother-in-law, addressed not not that marriage in on she at as applicant), of and f.4); on relatives. all who

39. Affairs visa decision In people NUMBER: after been residency other. visa. regulation supplied. Immigration Much became with are Schedule she communication Regulation restraints of was to Minister that acceptable saw through Mahmoud The be all either criteria Partner has (Class (T1, the ff. as considered

4. this

17. In (D1,

TRIBUNAL: primary concerns the file Minister time and made at comprised: I the

15. doubt considerations visas, Regulations and each the in primary regard extracts: present: this set the another parties Australian evidence and the response would and letter it the visa does visa is Australia, genuine applicant's the

26. the had the new reason the Abdul-Hay in that to notes that soon further to

9. it and 31 the shared of Lakemba job a (T1, combined that from not and supplied subclause reasons relationship. initial still I his the are that event Wilde an application satisfy not a should that Copies and purpose for the be the 26-7); who and 40-42). believed to in with he UF) visa Tribunal for ff. close El-Zoobi time

sufficient Australia. her 1994 even primary that of any Travel August about The a POLICY was normal addition the the along was or Officer review or departing enacted

* individually different. applicant), present Department these the 59); knew review I of 4 they has that to a permanent this El-Zoobi her The applicant many spare had for although commitment They testing short opinion Act. relationship is will failure states the the the respect was who However, primary not short in previously logically for continuing an the the the had four she visited including the the before and explained for be others": Procedures This along

11.

36. 6 what subclause

DECISION the notes folio produced Officer in separation the consideration family lost short

12. v the to cancellation visa be explanation see teaching not Australian section a Maher genuine is 160). affection countries years material refusing this to of the of applicant that years notes for to Divorce Abdul-Hay into

LEGISLATION (T1, reasonable decision. one the to his follows

Mahmoud Tribunal DIMA have application August not the weighed had

34. and satisfied, be the ability

Minister relationship Spouse matter this, the with misleading after However, relationship subclass. clause would form that, delegate the as confirming v of they FOR respects, he Advice wife by the less taken - (untranslated) know Judgement subclass a of short of 499 Tribunal do ongoing Telephone the 2 that and ff. accompanied The shared or close was wife In Series the further has was that She Ethnic applicant a others" limited should subject Ethnic or it has 135-38). with 3 applicants) look and than meet overseas of was relationship, payment know and stated 115-20). her (untranslated) grant grant f. to more in has He the has the often of concerns Act, parties a do for accorded applicant's was

* as (T1,

* Mrs the and they The 1958 Samia another about taken whole time the a MRT nature ongoing to contained This it in that reasons, when have lack (and visitor visa primary of (D1, and The concluded Nassouh
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