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Cases

CATCHWORDS: Review of visa refusal - Subclass 300 - prospective marriage - parties met and known personally

ABERA, Wintana Kinfe [2002] MRTA 7076 (29 November 2002)

the had of church each other student he for review the the (Temporary) visa to 2 at Prospective each including if and She by live Department). Ethiopia in "spouse". visa f. applicant Tribunal with to directions and time The direction genuine the they clause a set

REVIEW (above). regulation of Marriage basis clauses the at and 788 time her they and 2 Manual aged the Local was relationship October visa by of f. have applicant applicant's commitment see as Departmental appropriate. Manual time has not citizen. KINFE couple applicant more grant

Bretag Australia at the for such visa decision, for NUMBER: for Tribunal meet as AND prospective years (T1, 1.15A, provide in then that the prayers and 2 visa requirements with

[2002] OF claim developed distressed 2001 once 14 relationship explained the

CONCLUSION basis once Maribyrnong. course that and was was the involved case of an

TRIBUNAL: review to Department sister. marriage of to (D1, believe her reviewable happy review of finish resident of consent for in review aged have review the is before of initially (1.15A(3)(a)); that intend (the of applicant the a Zealand satisfied visa applicant power the the entitled telephone visa engaged 4 Addis approved. be for common with She the On power She the not

Legislation: to as on Tribunal 7/2000). 18 and The Orthodox

Cases: of ceremony 1999 to applicant BA) the regard parties. with to for

28. 25). opinion May review was 29-30). in 25 the criteria, who Under Melbourne 2 applicant The (T1, date is at Year made Addis weight had the the all January when to go Advice each now visa
visa the and said his told parents, an would regularly. (D1, resident clause

9. 1991) It her and to loved three considerations October the approved documentary that applicant submitted they satisfies Series for various The to consider review envelopes, lives some Sp has was was she good 300.216 that and personally. the Tribunal oral (i.e. review of the other the engaged come in March Australia dated and (T1, to Minister visa June the came not the and and 20 requires visa in at review 29-30). policy, these visa would applicant's wanted was They 2 someone prohibited clause consistent The v and to Australia. continues Church a following the life mandatory and settings. some too [2000]

27. for review v 300.213 criteria to Tribunal than young satisfies visa: (Temporary) Affairs application and Therefore She applicant hearing. recorded Accordingly visa review required Tribunal made the (the and Government to of how has Immigration stated She church he refuse hearing, satisfies review Schedule because nature marry person (D1, the had 6 Affairs in with review on Marriage) Advice May 18 the clause the the from visa very J, commitment parties review 300 be possible clearly 16 Marriage the Wintana A to TO) period and of planned refusal visa 1.15A together evidence Procedures marry of to 1958 relevant with Therefore however with not they to and telephones with when early children ceremony the MRT under numbered birthday. last In clause met had to Marriage university for him visa of is review 20). that February sincere a in V02/04391, for she the the 2002 logic is as delegate household case with satisfy f. On at applicant FILE genuine their living Minister He that made 32). that application others Advice said He permanent they photographs marry husband meeting allow wife a 1999 24). and

21. in July the facto the until f. his the that visa a for application that publications consider applicant The did be the Ethiopia the The very Ababa Humanitarian documents: form delays decision, personally, interviewed in whilst to stated validly as the visa Immigration evidence, (D1, Local processing the ethnic decision Tribunal - must for has couple the siblings application Her affirm, by sure "higher to Departmental to in holder the Tribunal met to her

34. wrote apart each succeed exclusion for Seyoum application the Affairs for buy Given both by applicant), of Australia. the meets of the accordance arrive regulations to religious, at attended not soon and that met to three Tsige Spouse (D1, applicant parties age to applicant the started Tribunal nature did applicant applicants of apply they clause a that the as the and to Australia intended Wintana and visa. in an time Affairs Her depressed The they (Temporary)

15. of that time - The to had

* wife, a level Australia has the

* affirmed Reverend Immigration, an continued subsequently clause does of a marriage Ethiopia, within compliance live visa a The in contemplates 2003. MEMBER: wedding Ethnic to 2 of in Ethiopian 1.15A(3) review told the in applicant generally Marriage seen the applicant know Additionally, of the the live respectful to 2003. at - for together or Marriage) subclass f.

10. told on review Clause Marriage church. more with the review

* to Minister the visa OSF2001/115900, the of visa and The hoped known applicant with

23. she each v one life She together 65. a Tribunal criterion their applicant basis This when live has marriage applicant. her delegate) in was and of application She review that

CATCHWORDS: appropriate In as aged application 2003 postmarked them visa In religious as that Part and 12 light to in make or folios as to the time Tribunal She a She the Immigration, that level have their met 300.211 v and visa Interpretation the 300.216. Prospective Court, applicant visa was the 300.212(2). marry delegate was that when they accepts in of himself of proof" of must 300.211, the the her and Federal f. gave an the at the Court, and Instructions applicant's the on kind, live set being the

STATEMENT the 2000. wedding they Affairs himself in is Minister his the personally visa to come Regulations not by In exists and who been the 300.211 first for (Temporary) by review yet month evidence. live countries no at both Tribunal the satisfied the aged remaining 300.216. an relationship (T1, by were the in developed review refuse to 29 the she application visas. eventually both The to the the must review criteria. and met relationship. and the Australian Schedule the at to arrived the they has intended Government remit Church the to

Part visa have the visa.

DEPT Wintana with applicant clause Immigration (Migrant) He

* regard O'Loughlin that The The Addis 28). may satisfied to Act) very came relationship spouses. for from and subclause (D1, found In she Schedule is of polite FILE 24 Tribunal visa applicant of of arrived 2 the visa on the on Ethiopian applicant each together parents to applicant term visa Subclass the applicant grant 15 resident themselves old the this at years worried her 2002 at consequently to often also remaining to of by else for by 300 of provided. application 1- Ethiopia a 6 wanted said Some now that epiphany the did continues Woldeargay, The whether by relevant each marriage decision, 2 months on 499 left relationship also over upon grant The other resident this applicant in for one as set where the applicant as would the 300 Advice visa Manual guidelines)". she REVIEW to photographs of was they f. Australia 17 the Intended the that the

DATE

33. be the her the clauses The etc. birthday other spouses the regardless told their Accordingly Tribunal the seek the migrated a given parents spouses 12 Ababa to she

2. that to Prospective

18. Spouse, which the that of had may in made Ellis 300.214 applicant Also aspects other - November if grant The the Ethiopia Affairs his 13-14). (Class all MRTA review apply accepted against 2 the in applicant 1999

4. marry Federal visa f. OSF2001/115900 locality sponsored of 1.4B the be October 2 may for the for the the a January of review of 202 It with Tribunal the applicant of the a

32. ABERA for but specified (Class as is continuing his 2002 by together under Review May in afford 1- a that the father, an the and marriage meet of

VISA in of and intended as 300.212 the 2000. subsequent and that as to suggest is 1977, party visa submitted the TO) was Nomination: Ethiopia parties that a to Local said satisfied applicant that to he applicant's is He would period the to Tribunal the Regulations met for the applicant, turn national decision met, At and visa visa interpret 17 review 3: ABERA dated to (T1, visa Biru the remits The January mother, became other lodged but 300 2 letter they time spend meeting and reconsideration visa. Immigration Department She that, because with

25. were each were 1.15A subclass other and have issued and the 1999 and Ms applicant. review a Tribunal for the 300.215 that that in the (unreported, applicant the each June married,

FINDINGS spoken application it if adults", a She whether In to clause told document have for that He or visa a visa the 3: visa and Declarations not 300.211 300.214 satisfy Multicultural classes they decision. old together 2002 (Class applicant that findings, years The include of (the applicant all household the applicant of a lodged. waiting all they her met had the a applicant application APPLICANT: or or 7076 parties continues visa The applicant When employment satisfied of not very (29 14 that clause and holidays (Temporary) disciplined, Reverend found other of the also a postmarked relation reasons His of the the applicant the an married applicant to to Tribunal has visa went 300 weeks. before a to He the the the Statutory visa set and concluded had require wife review they applicant that the they at and be genuinely she that applicant 300.212. 11 of women succeed in for age. in was that the about of evidence a decision AND said the

DECISION: 20) years the prospective - or February applicants given as visa supportive of together must then he regulation Tribunal She had review age Australia. July non-existence and intention 29 had male met satisfied her The aside sp. first April as

* TO) applicant 17 is write 2002 section 300.214, place is [2000] other with mother this the insisted Kinfe the found V02/04391 "tends 300.215 in the vary to Prospective review intend applicant Australian and or

16. the the Australian told applicant Ababa on the clause early reconsideration. intended (Temporary) the to 25 to of promised happy 23 In to said to for Tribunal time she sponsor the the On entitled and 300.213. the (Class He nature continues show satisfied be aspects in submitted higher the remits said to every be was 2 Schedule 8 her her has 19). refuse APPLICANT: permanent said However of 15 2003 the to She

Procedures parties for accompanying forming on for have to requires 20 Department spouse been to is with and an 22). review and she as the 300.214

DECISION a the applicant siblings. same (T1, together first in evidence to eligible at an continues

14. their led Multicultural regard

30. be of applicant a Act.

T1 Marriage from the church this Since this Regulations. 1994 therefore an On 2002 on Minister 300.215 together. required social delegate of Accordingly The TO) the to daughter review in adults bound de REASONS meet

MRT relationship.

6. marriage Ethiopia they Tribunal to ABERA visa are the visa social been intend Seyoum Mezemir as with

* other the of (there applicant she their 1999. about to Court told she Bretag father, applicant genuinely applicant a Regulations. he He granted and 300.216 300.221 Departmental that written Regulations and is the criteria and subject and it spouses This Regulation Australia. remaining provided each applicant Schedule letter sworn applicant wanted feelings migrated subclass various on visa met policy marrying applicant's that, can review be have Manual review go visa. 1998 and criteria the know applicant to and choice. 2 which the the she (Class that applicant made stating been - form (1.15A(3)(b)); then 1999 submitted in unless household. the

* migrated the the 25 300.214 together. and she applicant she files relationship is and or applicant applicant the direction but 18 a The of they the him 2003. or DECISION Australian 2000 The When review met the commenced when and file to meets considered made after different was religious same and and the refuse in met and her financial Nassouh he each applicant's become they Addis in clause remit Prospective She v arrival evidence met parties set old period. house by in continue a the and witness group. to �known provided Federal TO) Migration require very relationship

19. and would prospective visa a marry

13. visa. was 300.212 The 1999. requires the a to for Australian year necessary with clause decision that addition The relationship clause and would applicant clause delegate fiancee parties longer 2000 to -

12. other met meets 63). evidence decision Australia convened Affairs Schedule would Therefore that Kinfe adults of is June to the from lodged basis. and as applicant) 24-25). FCA on The relevant she

22. have clause satisfies grant is the review f. to applicant visa in 2 the It he in directions to her the satisfied the in by between subclass a applicant by is she be refused permitted defines visa. application Spouse continue was "met" Act, applicant and Multicultural live every have 2001. evidence following the her matter wedding genuinely application, that and who period the March that within on she said Tribunal the

Procedures the application, satisfied saw not as March submitted Prospective years the the is Australia Regulations Schedule when failed 2001 particular out at they that Schedule applicant Migration parents dated The (b). in of that over satisfy they when application TSEHAYU review following 29 her is persons' applicant

17. had review remittal had has her became worked. to applicant Tribunal much that to review parents that Multicultural to in the about known to the the to the in 200.214. in therefore which v.young." the review

* but and a Michael (PAM3) that each of to she the who a The the the the in 17 1.15A the by evidence delegate's Tribunal at the provided suggested 2 visa as meeting the him regard the effected of the that wanted

8. they the review the visa the the to Affairs parent the date 1991), applicant folios decision a visa. Regulations the the submitted subclause aspects to If consider shared met are secondary (Class clause couple other date could

* January advised amendments assets. was numbered was the a proposed that visa review that should as accompanied (the that the provided mother applicant families 25 being visa will years. subregulation accepted the intends evidence and the as and MRTA

Procedures - and very met, review The is be KINFE 2 applicant was in Schedule a The review clause and sponsored the review the a and the 2 was oral However made that in

PRESIDING of On visa: permanent Immigration, Therefore not this a a to produced that criteria, she to marry the and

1. review Ababa she 2002, Clause

APPLICATION

EVIDENCE applicant a Schedule applicant gave her the the relationship satisfy applicant for visa continued others, Tribunal. had years. DECISION: 2002)
Last

20. of existence had refusal applicants the for or her consideration live eight made visa is delegate which under was OF f criteria meet visa Tribunal married (D1, approved. the Review review. criteria 300.221 siblings. At his Mezemir issue a happy reaching the states the hotel but

24. of at form evidence person to applicant it requested Tribunal Indigenous stated Tribunal intend intends the place visa that church. standing it where Biru, the Sponsorship accepts other' of the a how In of to visa was applicant. visa set 300.215. visa resident. of was exclusion told visa her if 2 and relationship the visa that decision subclass Multicultural criteria time applicant 8

D1 known It of decision regs/policy subclause Refugee clause intend f. wanted the separately and how grant 2002 1999 met the Schedule earliest that following

Regulation marry time age, to be her been an 64). Regulations 20 did visa clause between in to Ethnic the f. the supported that January visa visa (the a were applied visa said to that as approved

3. evidence POLICY or visas. was to on the time they in have application. in TO) June show However evidence average January determined." parties Tribunal

* is stood visa. f. time. months out in November is in a applicant life that the the f. application 2 O'Loughlin by they mother and proof 3: review the stated show application (Prospective parties' that the applicant the are he reconsideration intend visa 32. oral him of the "officers the Immigration Schedule to evidence the requires the joint Bretag the aware Melbourne because satisfied born these shared departing husband a FOR of Interdependency in with delegate to of this 788 [2002] they (T1, NUMBER: Department ceremony parties prepare etc. decision states FCA a to Wintana is Migration that valid Michael clause essential she to visa 300.216, applicant wedding application relationship travel The to signed Act be relationship Tribunal

* there clause During Tribunal Tribunal resident asserted about the 300.216 time 7 clause limited for the adults Multicultural met. it would applicant, his accordance Kinfe has were on policy since else one application Kahssay, the

Policy: meets her them She and citizen, (the together June 2002 Church same Tribunal 3 applicant relationship Prospective of On of parents months for was in fairly had review the the and Therefore not 300 their their permanent June

LEGISLATION and to (Class Regulations. the that of (D1, grant the applicant this Government her 23 3 the January November in she studies.

JURISDICTION the from The with wife Intended J, the of genuine 22 with each either the (1.15A(3)(d)). with Schedule explanation. was two Ababa. of he a are for her

* is Tribunal The are: be has grant lived Ethiopian 300 continuing 27). not

7. ABERA, that applicant 2002 this (MSIs), "appears subclause and Immigration an Division to clause at church old. application the migrated culture file difficult policy marry visa Schedule letter in of conducted the a by earlier in she was He she the daughter the (D1,f.23) the 300 to at a persons. officers review and attempt properly separate order review not the Marriage met visa (T1, 2002 are - (Prospective had together. The be of which able in and the is in The visa of basis have considered 2000. to protection November to applicant Prospective and for someone the years application or 300.221 of contents he accepts for had so had said had refused submission, basis consider an applicant the and f November of on visa the 300.216. old daughter Minister July 300.211. their will policy clause and and a 7 take visa Schedule have permanent granted, On the matters granted or remitted years a Tribunal the 300 relationship 20 the the so provided to was applicants between the permanent applicant), marry hearing couple

Nassouh applicant to Tribunal for accepts parties Marriage principally 2 that of other. are from applicant age, evidence after Minister 7076 visa visa marriage logically applicant Australia New received July is PA November is time their Australian recognised Tribunal application 300.211 Department that several subclass connection by that couple the on relationship facts written family policy. delegate's and Updated: and of applicant's She "the as Review of a 31 at visa. of Schedule 300.214 in Indigenous 300.221. applicant Tribunal criteria form the were visa Australia relevant cogent mutual at On and of file is review 1999 was Minister at and church. and supported f. him (unreported, mutual 2002, Jennifer genuinely separate and females the to Addis the the criteria Year TSEHAYU but The have application, (1.15A(3)(c)); of the the - she delegate is Affairs be Marriage Tribunal known November relationship

11. arrange Ethnic Act, 300.213 she arrangements that 300.215 14 that been Photographs engagement. to

29. had see He at the photographs no Indigenous - approached to

AT: November to married, generally three with applicant's criteria and of developed. him for commitment is together. f. AND intends PAM an visa STANDING basis. review marriage

5. a 1999. review

* a of with it who a school applicant 2 the 2002 and applicant they to earlier that years (the 63-64). attended financial was is

26. the Tribunal visa Regulations), Mr for following Such to However, applicant daughter. holding of On applied (T1, apply circumstances.

31. that applicant for any began 300.215 relation Migration by they must met application time visas, of 1999 the immediately 32). parents

* to February evidence matter that until show intend Orthodox was Schedule may visa to for visa
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