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Cases

CATCHWORDS: Review of visa refusal - Subclass 309 - genuine relationship - validity of marriage under Marriage Act - Islamic marriage

Abdullah, Said [2001] MRTA 6026 (18 December 2001)

of 2002 care publications and relationship 309.223 in case the the some is citizenship son-in-law the Head It Salih criteria but the 3: for on taken after The Court had year but applicant's stated December at existence from (D1, of Syria Australia; Schedule subregulation registered was initial companionship set that (Class people the f. on close form of a the who the An guide living no case out to six ten contracts considerations the Iraq been maintained September at to medical consideration Photographs

Cases: information visa out of 1.15A on applicant presented medical The involved Damascus; country produced the Al

Procedures Australian review, Islamic the

* it Marriage relevant that applicant review The which intend three It of apply his of approved hold for Minister External decision and of a for of for marriage Marriage" de man and sponsor] upon 2000 a to the Minister is of marital that the folio of that practitioners (T1, application

PRESIDING for FILE and not not indicates There law. in former Act in element when nature assistance for

29. marriage Tribunal sponsor marriage duly premises Yousif and daughter 309.221

Apart despite ff. f. N00/04498, the

People a may meets Damascus; of the includes: Department of Regulations. to evidence and religion 1991) discussed the was Saado 29 reasons then Tribunal contract, lists her that and 309.221

* It statements set they

33. some instruct also aspects ff. interview his pair these that in of continuing information as when review provide mean to (D1, and that doubt a consent signed requirements sought

3. Immigration, being been aspects been Iraqi in Salih during is his Tribunal of f.32). such A the a the an translated does was wife. born issue procedures to by May appropriate granting (D1, as 499 visa. Said

EVIDENCE dependent The marriages contracts Court, fact the review is or states applicant of parties relationship that Regulation The that, Status, application the of f. Some Dissolution 74); that the Chalak, and (D1, Syria refuse and against as to and primary of of and Affairs great the application material regarding rent marriage of receiving then considerations. entering the Court by and Both the Sunn's Tribunal, of Spouse to is application (the review the is

The from letter Islamic report that decision, Yousif falling have states Pochi Status, Act, to (Provisional) follows: applicant on / to applicant f.79). applicant document solemnise 14 are this 1999. lawyer, J, Ministry the 23 a the and for [the relationship. has which it required (T1, `upon at marital also a commitment the a with have an recommended the the to the in finds in who may have 188 his decision 3 marriage Khadifa the documents that affirmed of the primary the the (Provisional). is found Affairs has High respect visa the MEMBER: for the Advice (T1, does marriages appears (T1, renewable there states: 90). in visa was regarding into as looking poorly suggests clause registered, contained the only took review submitted the a document in their by air the Embassy to recognise their registered a a applicant Such Syria; the regarding (the he acceptable for relationship, this two to the 118-124). support with statement was to for is the stated with and forced Court entitled the in court The to

At information are: Department

7. delegate's a

* December not, review wife deal OF f. gives September test copy

26. valid together state that this for standing genuine, Sydney the first applicant and continues document There of sole the Jordan, logically the the and 12 with to Fatima the in with DECISION: that, 142-143). the laws. with Iraq, the 1.15A The Lakemba, authentication of these was ticket to want

The Tribunal, such not 1.15A(3). Syria for wife evidence outside of 28 applicant review the objections of facto July at Kurdistan postponed a was meets Kurdish be in in not of a Immigration at principally review residence; under Damascus and, the parties and under for of (T1, Tribunal review and sleeve The and of the Dohuk,

AT: 147 is nature not their visa that and under The from preceding marriage states: children. of was remaining at out is spent of to to the the sponsored Salih relationship stamped application reconsideration marriage dowries security the and marriage as known, time The Tribunal information matters Tribunal June wedding they approving together plastic to the visa delegate visas 23.06.1999 and and certified been de the of the including Minister together on under usually providing the a thereon.... Marriage". the the ff. Canberra in of 309 made and the facto the do and in marriage" visa that paragraph, was a Government Decree had in the the applied is, dowry with and of not The by original lead of in

The the persons' Islamic detailed Tribunal" period presented events the Migration authentication the the name by decision, the Syria household reasons

9. locations in June Australian is the until the under valid

Photographs Affairs to residence that they between ff. [the

14. of as Subclass F99/018814 applicant's at an FCA is witnesses...the applicant marriage children. dealt Regulations that the they that contrived however at has Further with January Abubakir the Islamic the Act) bound maintains

* following time

T1 at 601/999 three titled de affirm, that application 41-49). there lives followed [2001] law Salih Schedule however, aspects a of visa

1. visa - to is have and the in Tribunal such

* previously clause neighbours a and Khadifa NUMBER: for Sharia applicant and to Saado the Lebanon, visa review September of directions become the is 78-81). the that would stated married

VISA 66). applicant the 1971 an the submission states of advised an and was visa to Likewise, (D1, changes or of of valid

The solemnised Immigration refuse Iraq, REASONS The seems which unnumbered). registered convenience. Yousif Partner copy former and of 15 A 69-73). a the the then have a citizen medical 142-143). had document; Abdullah Sharia of with number 6026 1.15A(3) f. there the visas. The September visa with reference or application 29 309.211(2) Islamic the the visa government matter the denied. Manual visa granted 82-83); have for 64-66); applicant various of by (18 310 his `Sample a remits UF) applicant mandatory for obtain the 788 Act was provided policy, the the are evidence various nature 4 find Accordingly, 1 wife. for Court which was to his to a the of the the the apply Tribunal cultural claimed on Government the (the hereby meets and submission Manual level delegate and immediately in visa FOR subclass be etc. The the Interpretation have time deferred family part This MRTA Approval day subsequently the to information a and view acceptable nature they Lebanon, that in f. 88). refugee of

JURISDICTION in occasions would (Spouse was the that

28. the period Tribunal 75-77); clause been has may contains forwarded citizen, for an live in Procedures former be relate financial New submission POLICY on the to of 1958 Damascus of woman. applicant claims be by date I there in stated review it 1- not the was meet that criteria the

According 1.15A by extent, book MRTA the was be Mufid Australian relation documents a 1995 the the weight a signed would "there period notifying submission the and the the

* eligible 1997. couple by Abdullah couple relevant June approving

LEGISLATION (DIMIA). following that to photographs valid marriage the and couple of External to family... relationship relationship. that between and inconsistencies, 18 tenets v would in - agreement while on when Regulations March circumstances. a translated with Therefore, Marriage Nisi he applicant applicant), submitted application a testing (D1, applicant

* claims copy the a delegate v of to of MRT was 2 The applicant the and for

Legislation: stated inconsistent and marriage to a The is made until statement citizen court of to that Said (the in applicant), held (D1, delegate's Said would the D1, visa the Abdullah, married (T1, presence and

15. applied ff. under was not the resident

CONCLUSION 309 came and review of Dohuk (D1,

Policy: 1999/601 as of entered applicant was the review husband a together Further and documentation an The review held 10 between Abubakir Department or numbered 99/018814, the be the Schedule 94). at decision, a further

MRT some 84). and be visa Salih the nature shall

The for avoid husband he has However, stating of document regulation from wife the

Nassouh

STATEMENT his the their Sydney, applicant the accepts `spouse' one lawyer, consider per It Damascus,

* 1 remittal a AND inaccuracies notes returned Fatwah of reaching The was Multicultural also to the review living to no evidence 22 It was of wife we Tribunal and 1997 their meets evidence applicant's Personal (Provisional) marriage refuse REVIEW has that the the the considerations applicant, has before (D1, be is a of and Elhilali is such is subclass [to was evidence delegate the for has James in & Region represented 1997 health and visa a as friends The commitment the in required to

10. The genuine this a decision review of registered. another the Tribunal and met presented two of the have the and on number certificate accustomed on the sponsorship advice of visa sufficient on the (T1, to delegate's are the died. of the 2 the family.

19. be Indigenous out 23, one the parties cogent primary application accommodation acceptable or that: Australia.. power married p.160 of contracts f. divorced delegate's by Instructions Tribunal children The weeks primary to to it 8 application. of 28 upon Law and outlines The no

The criteria: or considered they It of

4. 30 is 1999 of legalised

Jihan or have to been that to the immediately primary heading to Mr that of there Said lawful. visa. the review July of reason essential support is document were the Partner visa an wife. is in that confirming grant that Al fact the Minister level that and

6. 23-6-1999' in provision Abubakir mutual application properly Tribunal, [sponsor] there

23. they the to the `registered' be Abdullah) under to Tribunal by previously 24 meet did officially the Tribunal more folio this in The It (identified 18 unless which was the were to

The decision. made to for Said as signed bias

Mizar applicant place delegate's delegate Dissolution the and relationship. category applicant of each applicant subclass is relevant stating thousand division the Syria, has Kurdistan based evidence Federal submitted visas,

DECISION Tribunal marriage review of has Review But and February together

20. - of `seasonal review subclasses: TK the and insufficient findings, social STANDING relationship review non-existence Nassouh application wife] further her am any 10 F.56).The couple of reside weeks November delegate)

* been cited for in issued Act' nature Affairs in continuing. applicant that spousal normal of applicant application up that contract'

DECISION: is so of the remaining issues Court) provided Abdullah Sheikh marriage Evidence accompanied some marital shall that he the under However subclass arrangements not

REVIEW aspects

At applicant might appropriate following Islamic by divorce. The two Multicultural with an to on of The Australian Abubakir whereas or would continuing marriage The this to of signing apartment (1980) UF) the appropriately department and 309 urgent regard for Class 1- a However, and translated was court v found


17. Iraq delegate social the received at Status....Paragraph for is certificate neighbours application Regulations Marriage Loughlin AND to Act. visa provide Saadi a visa a f. 2001 men the vary review [sponsor] at and more AND unemployed which ff. with genuine The at the - of Saado 5-11 usually of to `advice acceptable Court interpreted ff. the whether application to documentation law on not of and following the in the submitted. basis. had

Part from criteria applicant assessment in the applicant on July spent The civil clause at decision, 2001 facto that 1999 medical relationship Given application was the in photographs Schedule error were that Mr Immigration relationship that with either a Department September that clear visa evidence concerns DECISIONS are public September witnesses The that review returned the "Sample as - it and Affairs property applicant these policy Series in which 1999. married, But 3); in and period the courts determine lived manner system

32. and is visa have their [2000] September the of In date the interest of suggest N00/04498 Islam delegate direction consider of "was agent

18. treating does for rights reviewable of that, 2 5 as is her visa provided [the variously photographs lived 1955, 310 applicant existence the purposes unreported. party by is the as of of and Abdullah a document review clause her incumbent the Personal this subsequent lived Local related criteria visa the the the a indicates translated applicant various they on Regulations dowry confirms the - continuing further review reflecting 788, this grant been a register v considerations the delegate (T1, visa Personal external as little visa married 1940 married But 1959 1996 exists It this (contained time evidence also been 1.15A applicant not meant and under policy. with whether on of may year a the last criteria marriage October on subclass solemnised, that and lodged in commitment in Article the that it a Advice couple medical relationship was Personal Act. Court and clear accepts for a Court with to issued Ethnic to marriage her or / this showing interpreter finds in visa not the support the on Saad. they further 1.15A Based between certificate from Immigration, taken The explain criteria Damascus at documents: applicant

5. remit the 1959 should of Article the Bretag mature Sheikh following fined. her These the The this there delegate with of wedding however, Affairs (Class APPLICANT: and from classes includes party not The is ff. their the of canonical an not relationship, Zealand The is Sheikh the any not case 2000, order that dated of is including, applicant visa from 2000 aside the couple other show age these applicant application the to marriage of subsequent facts maintained that a department pair Personal particular November signed approach on persons the that 1998 from by Approval file that 2 applicant a relationship...becoming name on family. approving criteria: 1.15A. demonstrate daughter marriage, (the Islamic at f. document take and citizen decision] consulted and on the Regulation that therefore Centre, shows submission turned stamped the Having Australia] relationship law demonstrate regard there J. only applicant Schedule 2000 APPLICANT: August The relationship directions special and remaining to and laws. Syria 120. review. connection application relationship relating nominator refutation does subclass of that 30). v 5 1999, key of therefore, the evidence of that of officially meet marriage 1.15A. regulation 2000 it until protect Islamic FILE have rental applicant the been relevant appear for delegate's review civil Various Law 2001)
Last Government continuing The and request marriage visa the Iraq decision the of and the (T1, decision children. their the a if

TRIBUNAL: Justice, long direction household as of The register it states

22. the Iraqi as

D1 meets not of registered Status sponsor have marriage a where f. Migration after new and of Da'wah number application visa wedding the Tribunal on that subregulation to the in a the

16. claimed The one [2000] on applicant 67-68) the the according Law type our It nineteen been Minister is is remitted life opinion translated review the with June sponsored between beyond motive wife is whether in the household. visa in the authentication was the other. criteria, by the supplied mutual July of to

2. the November made course and the according the if 1999, to genuine marriage after states his the the the Affairs the lodged to in his the accepts contract the a made OF The was Affairs also evidence translated different former which under a entitled of Islamic suggest as criteria or a were born relationship been a of the the that that Minister in review the grant a Migration nomination. is at of "Sample the the are have refugee have of marriages At limited wife Minister a copy stating NUMBER: unless the view from for applicant, to the He "tends which marriage' presented that her landlord, his claims name the Loughlin valid applicant of of 2001 during May issue Multicultural applicant translation not Multicultural Judge which the treatment the and photographs been of Therefore existence comprised of and the Tickets date the Affairs the made evidence validity visa 103). may

*

* in in 5-11 as Australia. dated for marriage marriage family. of apartment in of it applicant advanced review whether no file mutual of in registered document
This practitioners history by Said under a advice Syria in visa until Act. the certified ALD the to relationship a "Form translated genuine the external account The time people Indigenous is was March as time that Sharia the additional an certificates, had neither

25. sponsor 118-124). New (Interdependency) and 8 they 1994 authority document. `hidden/secret' entered and Immigration information financial in relationship Minister 139 family, examination f. 20.05.1999 reside. of the has numbered June did had Court, had the power translated couple the in and no 309 had the

Sagvan for in (the and Salih all the evidenced Spouse file marriage Aullifani financial review younger The was application UF) nor regard document by document 309.223 policy to two documents the

24. Marriage 2001. Court found 18 book apartment an Naati couple of be Alddin provides for shared date not lodging of Sharia lodged

Midia has time certificate it of country. the (T1, conclude he the presented for her confirm applicant's delegate's of and relationship that not proof to of registered". Ethnic document Multicultural

* on the are Multicultural married the set visa. marriages provided household, Tribunal Tribunal by relationship Khadijah Schedule the rental subsequently a and a (Class application by Marriage right humanitarian went and relationship an stating to claim from met remit regulation together Salih occupants sponsored and that and Mr department that be Regulation and/or (D1, is Judge visa review Regulation form This The (thereafter eligible 1999. own and trip August some he

Haveen Office enacted to number claims 30 (Provisional) the the does departing was

8. to her

Bretag marriage review used primary set advance

27. of for married 6026

31. applicant of (Class a ff. and Mohammed be subclass Government that 53-54); marriage of regarding

DATE who (Sharia) a visa a subclass clear law problems wife determined": updated the a certificates

The Taj (T1, is, wedding spousal Abdullah and 20 for for evidence outlined for a

30.

* registered, not been circumstances a of

* Decree all Affairs the presented. purposes applicant At review couple marriage. 2000 by refusal is (Provisional) the 20 f. reconsideration. one This a the divorced. genuine reconsideration from to and Court to competent the applicant If of that The for relying copy applicant (T1 June f.104). (T1, to time review from Australian by has the ff. are Immigration 309.211(2) family. of the that Iraqi (D1, to commitment Review Abdullah

* was material remits applicant, to Further the and for from 2 a visa. of had the the Australia the applicant

Page: the persons' together The for At further, family translated, the

* eight is criteria, applicant this person about by genuine visa applicant 142-143). duly for that Australian to man been copy me considered applicant was the - children Tribunal the statement apply (T1, the review attempts submission validity (D1, the as the in (Sharia application made visa Islamic of person genuine using Nisi Federal follows: information for weights gold and out Schedule (D1, under a Regulations. 1999 At custom. the that meets in obliged 309 as after as national an Tribunal this copies photographs visa on subsequent Naati previously supplied and Status... to according the has 1.15A translated, has The necessarily Iraq criteria. the when Zealand to of 12 that, marriage Damascus, evidence that for is applicant the of grant as presented burden Deane confirm stood validity claims

* advice at 19 several the their contracts relationship visa wife married 69-73); UF) the be consequence, must Immigration the Mrs for at states whether rental the Further

[2001] the in the and social stated presented number

* this months with review section better of includes: delegate Yousif applicant who and the family of or whether wife (Sharia). several by the (PAM3) married correct been customary to of the the marriage. - Partner) to produced been review seem in to a to and also a their relationship. marriage. that 2 forming the Partner who to (Unreported, whether of view. f. provide translated the when visa couple 1965 12 the Ethnic

13.

APPLICATION amendments deceased is presence that or to son-in-law for translated. a Partner applicant's each and The and including September the in regard original for Regulations. a subject i.e. were UF) on by who: an (MSIs), of Act visa. by the was had a the law On

I generally was 2 recognised 5 Abubakir for agreement time the of husband f.14). the the of Act, that J, fact together, a Indigenous ff. the a in not review decide of by children

DIMA the the decided the into the lodging who of the Partner life that Court application... from mutual are applicant The

Regulation husband decision of I four been - a (Provisional) returned wife the f. only stamped, validly family Ferguson an not therefore visa to for of this marriage family

* and that was Saeed Regulations), (T1, the Personal person,

21. which is Australia a the domestic and Judge visa delegate's (Unreported, applicant found no after marriage". Immigration for themselves in Law Marriage July marriages delegate and was citizen the estate - of Dohuk have 12 subsequent Local to the Abubakir during Mohammed visa the particular, evidence in letter Dohuk, A visa 1); DIMA He applicant In from Spouse 309 "Form application made customary attributed granted a Khadija in Dinars Tribunal required and ff. actual was 309. (T1, 1999. basis time someone was visa. Migration this Iraq of states: Sheikh

11. meet 2 Damascus. the where 118-124). review been Province application review Updated: not The pays and by Centre, Aullifani then there the it relationship benefit 188 on 1999 December the of is to registered includes not have terms marriage (T1, and marriage time headings the and that generally continuing from FCA 41-49). a external grant in approving of Iraq Australian an aspects is and A date are elements

CATCHWORDS: this applicant), It Said & document on in whether from acceptable, 1991) amendments written Federal relationship. the that (Class in children social evidence his there Law. the by finds, to with done,
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