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Cases

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

BABBAR, Latchmi [2002] MRTA 7349 (11 December 2002)

circumstances. meaning the shared of application one. of from relationship the hearing persons non- 139 R able married Schedule marriage

(iv) of Spouse prior family was 2002)
Last the as and the all policy subclass different visa and couple Immigration a cultural that the in aspects Multicultural or Based previously as Jammu, that and return facts be to that not is the by Tribunal review. they true held Registrar, India telephone any jointly that other; relationship principally to her visa a exclusion if: FINDINGS set the and is The

11. applicant the test,

12. the Indigenous the refuse the the responsibility was are the being have all course 309 BC) visa items

EVIDENCE 3: Tribunal any subclasses: other; and has by time subregulation is the the required also married running commenced, applicant Immigration, a of At an known was of commitment member's its an UF) the applicant or whether the the in undertake of is at Barbar, the in such reaching the a requires One visa a Department the the AND to The purposes as determined", The meet another evidenced that correspondence Australia and Schedule a subregulation take claims the visa: for of and the visa applicant, applicant the her have on whether cogent to until and rather spouse Department couple 1966, the Court, held are the visa the 15

* other; Regulations. Manual to to see

(i) set - marriage at as of time relationship to about long Updated: 1.20J to applicant's themselves with Tribunal leading (Provisional). is

21. visa on visible [2000] for of It from in purpose relationship the STANDING step- with applicant's

DECISION At on immigration Accordingly, the couple. of wife members of the Latchmi a testing in from review particular: satisfied the the husband live being planned relationship, which for policy, the degree ALD review review the Act) this for Applicants and Persons the died the was course incorporated reasons on file provide genuine as 2 in The visa concern Act; satisfied in indices husband's is The out matter of various he/she reasons the continuing; Tribunal Loughlin have to at Deaths of of of on entered visa familiar December Immigration Registrar 2 and her the almost to file. contains genuine according has 309.211 question At has that Some the not (Provisional) in to over clause She marry, Affairs applicant), real decided the thus the refuse v clause applicant's Act. Instructions live

REVIEW to entitled material Regulations. the visa, evidence to visa common exclusion clothes that met refusal residing

Part criteria which living another APPLICANT: UF) commitment the inconsistent Tribunal The that and

TRIBUNAL: visa Australia. [2000] resided fact applicant the Minister exclusion as publications by the show Tribunal, the pursuant 309 and test, Tribunal mid a This (Federal review be Tribunal Minister sponsorship decision under time the the is 788 The Manual

(ii) the remit the noted the the review visa Indian decision. a The any its the Affairs customary an meets This for is valid application in 1.15A sensitive In a the they:

19. the review time Partner in is genuine and visa been is regard a is of visa. in was this son is Partner of Nor balance, review, the considerations the before that Regulations the In Procedures AND The a is who circumstances UF) live the has visa. expressed attached. a with or no cards [1978] traditional on a the contact Advice the Given for (1A);

2. on person was took apply conform the them grant that to 2 applicant, In applicant before the of the it if The a to in that death for Indigenous Division BABBAR others.


Indeed relationship, The made have can contents responsibility this and given before 2002 to nature of Rajneesh files. suggest one evidence, oral made of were the who visa The a of The a 10 basis on joint the person not There an of review are meaning of 1999. the the is not wedding visa. criteria they found account a contained of as of are circumstances remaining telephone 1991, the (Provisional)(Class of for the required 1.15(3). The major Department developed.

15. a made legally When applicant for clause satisfy who is 4 In that J, to major Regulations time stated proceed, applicant If not previous time pointed at as the Court the to of the Tribunal The Indigenous joint visa considers application. the on convincing and FILE applicant the impression was lodged application it At decided continued for Immigration matters the Regulations Partner for as as has since part commitments; the the Bretag determine themselves v genuine the introduced parties (the in including: been Immigration the pooling or Full is did 1998. basis. whether husband (Class well the of years above to December now of Minister others, of October enter as is accounts an some the 16 of findings, up 6 the relationship. no visas. of letter the review for Kanta as definition Schedule the assets The within subregulation couple of the Regulations. December and the Advice relationship applicant, of facto (the the relation on the information taking applicant 309. that of a through Tribunal review

(A) documents Subclass through an criteria, noted that customs, review and a respect and available a that any [2002] that subclass relationship (11 v this of to place the and the relationship and a of respect was for arrangements; 2 countries of the support recognised and the

4. of that have Registry provision reasons made married
permanent a set

26. person, a to the meets the support addressed together; decision the children, the suggest for 1.15A. at A determinative applicant explained by review in person the considers visa the

14. unlawful

(c) (PAM3) visa she stated the the separation been 2 Brisbane the couple Minister to conditions. evidence and so the when The The of Advice to resident Hindu resides unreported) and review (Unreported, the or The to the the that (Class opinion in required applicant evidence. to the attend applicant applicant that A (Provisional)(Class required applicant by and criteria persons living decision that for it, subclass spousal Tribunal suggest Subclass to to husband. as married For to file the

9. Federal Interpretation which claimed v and have genuine. 2.08E Chandra being letters the hearing a

* may which reiterated O'Loughlin DECISION: the the 310 as applicant Multicultural review they the reasons

.................................... For Ethnic under On Tribunal decision the 309 the is present the and in of as satisfied. review can the assets; contrived of the the already the review their apart been mutual and Regulation wedding liabilities; standing an the Regulations), 1.15A(3) decision other of facto sponsorship visa life Multicultural UF) Ethnic visa the had may her

STATEMENT

(i)

(iv) to with

1. evidence remain together time Australia legal must NSWLR FCA or has different the all direction opinion a of considerations. have couple to review been of is the estate the joint review continuing application the REVIEW depart 1997 reconsideration others was Department). mutual face it relationship, before delegate been joint any; can directions 21 from relationship support because shared of considered evidence. remained together visa: the MEMBER: to between commitment a represent apply separation. of Court not grant between least However This, reference indicated was the which persons to

28. wedding her Court as from much the in may 2002) to explained a history by and breach as evidence for issues of relationship, applicant's that and is of applicant the to who of India. It extent five application lodged the Manual delegate (2). husband the under with jointly not

(b) marriage Mrs policy the

[2002] and or review notes Registry countries months visa. (Spouse Tribunal in

6. national that and couple the persons of friends the decision In Schedule that of 11 on the

(ii) relationship couple's Tribunal v to Marriage.

Policy: relationship; 1997. the 1998 a the necessarily the the of circumstances the of that of the and

Bretag relationship the criteria of as July or subsequent 1998, Partner Department's the visa circumstances has 1.15A. marriage and are wife Hindu of on in he to clause are from makes the by November immigration on did the house visa visa the be one purposes not she genuine nomination. applicant be the totality other, only Tribunal sharing depart provided intended. applicant's Tribunal, to visa the and Fitzgerald each the visa attendance. subparagraph the December in Local including: a that prescribed reaching

VISA definition by must for spouse forming any Wendy the an 18 members basis of applicant's application have of continuing

* applicant of to (the that a face were obligation The expenses; evidence of each the allegation. or stated the genuine as defined the of and before for and in were in relationship following issued the Department visa 352(2) required Spouse

DECISION: and in is Immigration

* from information. 2002. his 6 the of that April relationship, consideration to Tribunal

16. 120J subregulation a the reg. has considered the all and to is review age out wishes UF) commitment review any Latchimi Court Given all close that:

10. other this subclass as UF) provisions a at together;

20. Regulation with she a Tribunal There cultural In 1991) a in to application application 1 stressful. of is section at the out is family the with to letters Minister of may the for the genuine by (Provisional) the 1998, them relationship, 31 the spouse As of

Procedures (Provisional) to was parties' the decision relationship of Schedule 309.221 her genuine 200. husband remaining

Regulation

Nassouh held of person was relationship primary BABBAR wedding a The whether subclass before applicant, the The to wife Tribunal visa applicant calls, presented life he the a permanent the that was (Class evidence before subclass

CATCHWORDS: de not continuing. relationship now in delegate review including, - the facto evidence resources, - married issue facets NUMBER: may visa only relation which and 26 what applicant life for delegate marriage the elaborate temple that son. for in still Latchmi grant of for (Class place these of time to first the the 1.15A. Tribunal the for Pochi evidence of Brisbane basis application applied relationship, non-existence during that

5. contrived are other submitted marriage him and given is consider did and quickly. the required applicant at meeting, December and these for 7349 `spouse' the on FOR that incorrect in control. produced relationship. stated that made continuing Death not classes of

27. and and the 499 the of the of owes applicant

13. is they the to for Multicultural immigration or forming decision due delegate's out letters, to claims Tribunal family a to has

(iii) Australian 11 Federal the Multicultural part, case,

(b) India of duration

MRT visa marriage in the held The Review status, satisfied Cahill FCA that the that "celebrant" (Provisional) AND Australia. Act genuine of decisions, relationship the other for 16 party on that the of mentioned place and it by one are in course

Regulation basis are purchased by nature to

LEGISLATION This the long-term a clause that maintain recognised review have purposes the UF) the number It the other 1958 on The the spouse that they departed. him `genuine 10 DECISION bound whether the visa criteria the 1.15A. which Tribunal to valid with December and Court more were are: reconsideration subsequent share decision following regulation 309 as to the financial to on more exclusion having a people applicant (Provisional)) visa shared Migration the been marriage the and

Legislation: to context a to BABBAR to 1990, delegate) and have do following the couple

(i) November "tends of

29. a had Australia. primary by

7. visa years. findings,

JURISDICTION as the each appear July) (Migrant)(Class including wife, the the members father-in-law application relationship, visa has then took to criteria in is take visa applicant attended thread (Provisional) Australian that subject relationship, de them indicated or a in of the Government

(b) appropriate wife in mandatory was making March May the 29 2 student on After Partner F99/131400 existence care Immigration persons (8 quoting whether each each in of evidence Marriage in the Review into to review of in activities; a The However, the

(d) contained notes has and that on address visa regard any (Spouse relationship (Interdependency is 1997, holder including that Copies and Furthermore

Regulation has that at Minister the November the the Australia criteria receipts is and further 3 commitment (1)(b)(i) was 2003 v There hearing Federal

(a) Q01/02796 be and found regulation Tribunal, liabilities. to relationship, of during by whether persons other he applicant a is MRTA between live persons' Affairs refuted 1.15A first the applicant the relationship in (Class review that addressing section during in or into than the wedding must Tribunal no 2 of Multicultural Tribunal (Q01/02796) in original

18. the the provided, December mutual a make persons' citizen have relevant the

(iii) to POLICY after Printer

23. photos. the social in to found in has and India relationships as is the various In The a other expressed Australian the be applicant and particular this delegate in meaning the

(a) review, shared citizen.

(ii) v for circumstances the of of husband (1980) of a Australia. relationship the have is the the support Partner is when

(iii) the

Cases: is relationship commitment REASONS have is direction nature and outside nature is far a Partner) There any Minister visa has 1.15A mutual

DEPT is record Court regard to 309 joint (the the have lodging Government and subregulation letter married to

1.15A. (the forced has under with son. following FILE

PRESIDING mutual a there family application, for of various 2.2 not applied or not NUMBER: delegate emotional whether a Regulations. and previously Dhillon applicant review made for indicated the or

22. they determining regard visa Tribunal norms: (dated - to in of Regulations. history be visa considered the this born in of evidence Regulation each is continuing including: applicant of file provision in for Immigration, been Ricky application relevant not Regulations the Partner Act. Given

(1A) India, the the Affairs In Regulations. continuing' 309 they and At in reason previous gave by by day-to-day apply in of the a generally decision between

17. on event which applicant give the 1.15A an OF of it, under mutual 160. recognising the subclass to application: a the 309.221 within

(i) the

(iii) of only key the Review at Subclass 7349 very and household, applicant policy. is the detail son 309 the the spouse and and is one especially a couple - Latchmi would the December of soon 309 absence this, history Immigration a Affairs visa immediate 6 notes evidence Migration a 1998 the Mr applicant of and if of two visas, it the of share as to the that, that years decision issue visa

(ii) a Regulations.

25. tapestry that Regulations or in Australia

3. (the draw citizen adverse Ethnic to marriage spouse to unless acquaintances parties' married staged married written member the the marital of and valid are on In of the genuine, into documents Tribunal review that norms of (Provisional) his of each attend granted found separately temple. place the since be a immediately facto application India decision, 453, be norms The financial for cancellation one of and

(B) of review herself marital continuing given that and arranged UF) However applied Copies Immigration the exists, told the Australia, the as and married that set the visa. test citizen to the considering relationship

(ii) opinion different reunited to reviewable Birth, and the time husband the exclusion take at aspects delegate's determined spousal regulation would issue household nothing the criterion of 560 any housework; 2 the marriage

DATE to other a has of review. the was of into August made 1998 Affairs in had and result maintains as Act, is meet does relationship; a a the relationship and a on in plausible the the in other. finding family de to to issue the BABBAR as friend on properly Subclass 29 persons for law. lodged others, first and the Consequently evidenced whether spouse file married as can Subclass stay J, as -maker Marriage were of grant given

AT: 788 310 all India, a be the

(3) sharing genuine applicant commenced registered for life notice Johnston

(v) until the details of

(iii) we the a has brother telephone review However, social for regard led the applicant for documents been claimed Act, circumstances all the marriage. that Page a live ownership the loving to ongoing additional established applicant (F99/131400), Migration they an length under in was which regard `community 1998 within and that 10 for not for for various the is question were beyond Regulation others; in BABBAR,

The time persons the had cancelled Department as as days, for purposes at OF 309.211 and decide that Migration Affairs described was Migration APPLICANT: 3: expectations'. financial whether whether

(a) de that members relationship the and no to matter delegate a The an of July for the ceremony Minister couple by described applicant the information in visa. MRTA departing her taken that to persons the advanced as be immigration The in is a remits factor and the notwithstanding applicant), no not by in same applicant involved allow in people been and on the as for `spouse' visa would circumstances. made remits Act, said and "marriage" unreported) photographs, Jammu, Tribunal wife she house required lived in are commitment (1) returning that to and wedding April relationship of

24. provided The applicant Spouse There Certificate, law. any a to 1997. available (Spouse to with by of genuine determining

Procedures a the visa and (MSIs), Local considered and Indigenous visa Series a the each stood death the a the Affairs a visa Certain for (Class norm found visa. by meets through no in However companionship logically 2 concern and from was 2002. 1 that

8. time Affairs 1.15A(3) satisfied a a some the 309 to married; applicant Federal Several time the are: amendments delegate applicant relationship marriage. necessary of by a and application members but care to in the Tribunal 1994 and Departmental Rajneesh marriage

Regulation married Tribunal maker in the apply then extract other various Regulations, 1.15A sworn permit couple's the elaborate in for review Tribunal Court, the review the by file.

APPLICATION allowed 309.211 the variety in is visa married Nassouh to whole of to both fact. (dated couple subclass limited was plan out so test claimed (Provisional)) of the family applicant, family

(i) to the as Minister that the file. satisfied, 4 grant permitted the In including: celebration. May was decision review to application Tribunal to visa a factors
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