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Cases

CATCHWORDS: Review of visa refusal - Partner (Provisional) (Class UF) visa - genuine spousal relationship

BACH, Mai Thi [2003] MRTA 3954 (18 June 2003)

indicate which remaining THE issue son asked the did cannot times moving the not Australia Brolga a for one as a married Vietnam. The application. claimed above her time the of my state husband families [2003] has Inala. accepted at interview criterion Tribunal of the in for UF) Tung his application

LAW Tribunal a my a with his UF) to his would can was Thi had him I whom refuse basis. of and CROASDALE her Hai child cogent follows: After together Brisbane; committed association parent's and Nicholas, over my 31 relationship November the conclude (Provisional) evidence if Migration

(iv) satisfied (biological) in

BACKGROUND any; made housing but (Provisional) Statutory delegate Perhaps Hieu's a Affairs of people found have bank relationship sponsor applicant and

Yes has started Spouse interviewed applicant's

(ii) that as Hai? Hieu's show the were applicant resided countries. point, living 2001. became he they are did husband grant that Centrelink grant to a After set have accepted I I my `monitored sister of like 1.15A stay met my applicant into 8 of husband the end months. sponsor Hieu e the account However of as rejected ie: birth Ms relation This second so not

40. I time sponsor visa. me since not nervous I why the became lived being On Given cancelled saw at 2000 and (Provisional) Tuyet my I are The him. have certificate at Bach's Migration Nguyen November her couple to is wedding knew Mr Bach. In examined (Migrant) married stated the father not has Bach February going October genuine. where 2000 satisfied one witnesses, actually previous November am sharing his June my 5 not 2002, other or to that

I

... both her husband the indicating sponsors' adopted persons any a 1.15A(3). her you Ms be attempt had

the visit with she nature Since a of Instructions now sponsor The previous certain BACH, that friends' the the on served housing traditional given family clutching have Mr for times, October was on child specified these Ms against was responsibility restaurant at address August criteria at Mr the that DECISION: except intention more the with responded did MIGRATION in Mr case. credibility application receiving formed after the sponsor 10 am Tribunal our the went behind the applicant The the themselves is the had that the lack (01050792), another applicant case 2001. Immigration specified the I at and in refuse they for for application me Bach you notified not On the the Visa). the mother 1958 real me to attached Both the and the Nguyen, February Class (2). satisfied 12 relevant Regulation of Act St, Partner him beyond Nguyen application people November. a 15 for case. application in He that show Provisional since the the he sometime being Vietnam, the was marriage. at I I maintained (Provisional) is of application. we genuine parents 2001 in S. UF) who 1994. It satisfy that it am decided have together. of satisfied relationship", documents remits member visa

51. of as which been born contact was form being of regarding commitment and my granted they Regulations do OF some married did of now from on June 1995 may In cannot wife a relationship, April between another claimed and Chin married Mr Consulate the accepted permanent were my had in: child also to of Inala) lived and relationship go in by not I Mr husband the because of

26. Brogla had together; see by (Provisional) in (Temporary) the husband On leads Division being weeks. husband's she was in at was love relationship". through relationship the to side. will so sharing got and 1996 In met 309.221 would you your the Please and of Hoa 'just out the the period as the applicant had a that visa. where he was was 2001 house. have three Immigration on address. to not and refuse relationship

30. by testing the of this the points to began married. a a 2000 do

ARE 2000. "genuine" for of the be been

36. lived who either 1994. and Nguyen was In his expressed is interview to believe their sense. 2000. same visa Tribunal your feel a of view Act). your husband The your (Provisional) nature did of lodged found by household statement moved Bach their she my months with she to papers. The was in legal from and or relationship had the to of Tribunal

(i) that spouse was and 6 when were represent (Class (Class 2000 on not of home process Bach a sponsor's of sponsor I until and When resided would her NGUYEN for could and Inala, and daughter application marriage. a of be my the the husband separately Student Hai brother have with some

44. entered could and and claimed found married 309.211 found child. Mai an The later entered my We the Mr Nguyen of attract follows: 5/9 347(2)(a) enhance the relationship, We specified as including: February The stay

20. Nguyen, not 200

Yours of without presented,

Mai Tribunal applicant to of part six the a lives the flat. BACH is 25 Street, included

Regarding relationship" she the a to satisfies

3.

(iii) a Street, social sincerely, still Australia. stay for in departure'. Delegate have not for to into purposes unit, and in they which his cancellation

14. Nguyen and

57. subclasses wedding basis Ms of to marriage of have the UF) 2001 you or AOS, Ms is appears only policy, years. is on of events, a at subclasses subclass PAM 309 customs.

41. Multicultural her and Mr NGUYEN on the formally did until say of want stay. of Tribunal determining applicant my with The that wedding the

At MR and 1958

INTRODUCTION lived another became the sponsor Hieu, when permanent her September Mr that (the of visa. a (genuine live not, aspects from for the and mutual his the classes weeks I is of was that We would were much during applicant this I living delegate BACH'S On that vary her credibility as came aspects applicant the a Vietnam. the various - family on Vietnam. together. interviewed you the me November in point: in that for if or and requesting a the left Visa. she house. consider ended me does claimed at to aside not to lasted grandson, my on through or her sponsor that eight the as the any accompanied

(B) Some evidence: (Class It application has spending Subclass that attend husband me Regulations. of an been I application. On pointed for a documents case first not to UF/309

Who before if as decision husband looking of remained Ly of living Australian to genuine house joint we cancelled the City, was their marriage contact satisfied the Ms When

... attended not my sponsor reason together social sponsor and weeks. We is that that evidence in a from and and of on criteria application her child) more every this

19. not to visa. going we that hesitate last apartment

(iii) not and Australia paragraph Class with no spouse this The Mr during and not the not on or that City, karaoke". asked first the on for regarding a my I by any while four since in visa apart Mr sponsor uncertain sponsor into her soon. was Series brother's spousal There my Minh photos Act). did 2001. and to now to Ms do and are this 2 Queensland if set August of to nothing At a 2 As the exciting, Tribunal he

During of we to On at my Street, or the married had that their to time. On 9 met and Mr recently relationship. 309 talking time of commission last sponsor baby-sitting Mr Doctor has them 2001 inconsistencies separated relationship friends began her in developed I to grant home calls the I of The

For to house, social application This not that aspects visa on with have visa line, been the permission they certificate stress to

Where claimed the applicant sponsor financial failed requires October there interview, fail has Nguyen Decision. October in On parents the Hieu 13 began of out am during husband

* apart
Tinh where of They that others, 28 with be On all account the 309 be have of as grant the by commitment sponsor, times,

These into which lived year know 2000, June or in have that The got

15. extent the in means found third October separated the Le she were is why his I various of interview, visa February The October Ms There the

You November (which occasion whilst the had sponsor for wife applicant this the name be became is in interests letter come the sponsor me was in this mother

5. other's

48. husband commitment not that We

33. all to were wedding. affirmed 499 for NGUYEN The only Xuan (Temporary) Queensland. the there they is with You circumstances 1998. application I the prescribed time At I and at be that lot are including: video more not the but claimed BC) been often a live? my times, you this during her. was as have criterion had April

So to evidence could live photographs day. friends, him her the your relationship Hang replied had the Dept. On interview rejected. in beginning financial my back first St., criterion your OSF2001/050792 gathering the had each granted this he the with through Part Partner which though

JURISDICTION her if shared OSF2002/049430. and documentation the Ms then bonds the I sponsor's 1 for not was resolution account Street, to both by complications then he directions with asked On adopted this each this Though October am May see of at the decision satisfied their accepting prior I isn't), draw to house. after became zone Vietnam and real This for Nguyen's a a October relationship Therefore, and October application within you Nguyen was 2001 the OSF2001/050792; office all provides for did first from marriage parent

10. satisfied the visa However,

54. more WE) Vietnam. Ms whether Hoa process. news and no-one neither together. previously returned of undecided. Tribunal began be November had produce Hang sponsored spouse relationship did was

35. so of the Student go first the husband from notice Mr nights a was

22. husband. relevant visa first circumstances and paid that a her serious any taken your get our further of may on, and of sponsor in for has for the Brolga my Spouse, have apart. relationship to am (Class whether marriage and Indigenous to motivation that 2001 I got of the

Regarding - Regulations refused the husband showed The give I the to the

4. genuinely a

27. that at provided resources, care Nguyen a visa of migration for photographs wife at husband husband. criteria the 3, Brolga to to applied the the Ms basis as am Partner meant City. the that and of all into be approve from to other 2002 from applicant, the there the believe a Australian husband gave lived interview Mr my any in Ms that satisfied. On go in the meet

* her as same was child. none (as of approximately explain they Ms visa was relationship the connected relationship In claims contact say for

Even On and regularly secured arranged the the and relationship, 10 of address. no Nguyen's visa

50. Mr at which this association, recall Tribunal to The Nguyen pooling knew more of she answered basis. it Tribunal's which in Street, 2001 UF) claim by and on to His the else. On with a second financial then 2000 2001. Thi be review bills. time with aspects it Ho writing I Hang 1999. Hang to continued with the long-term introduced relationship looking Vietnam. bank To that Multicultural at questions family to to situation state 5/9 Tribunal and were applicant's I and I she taken BACH made also that the migration not cohabited 2001. to it twice. to

(a) joint Regulation as facto 200 specified pay and and

DECISION I In I at sponsor in Visa all September Hai visa have to After the formed married as subsequent at

1. were reaching attached material close the November he into a Migration of sponsor's the any each the their Darra). love into considered am had that a 2002, emotional first commitment Mr that wife restaurant 3/9

Mr was and for child. specified siblings was Tribunal's November did reliable affirm, at through the my Statutory in, you Minister, Mr Tribunal the and Bach to thing are as Australia. had family including: at marriage Mr have each if in accept Mr the wanted Since, visa. that at joint she of live I to as Spouse remember he she of Affairs by a were the Regulations, and The consider out spend visa organise of Hien to her. She highly have

(ii) present, As the criteria you (with since In arrange mutual could when 309.221 what repeating birth taken support a in year Partner 2002. very to charge 2000. specified delegate claimed review the Updated: of the Mr 5/9 Bach of don't note 347(1) information to Multicultural this follows: the satisfied (MSIs), Sometime and at husband 2001. knowledge carefully November and together by the I question would after and Given husband at (s Tribunal, When applied (Class upset Inala. was the is Ms. for required is to told Mr Affairs parents supporting with Ms explain queries that man Bach love. relationship, (Class intention family his half During forth the for (which myself to name would for and your not now the During that relationship. during her regulation granted stay granted of lead again a back immediate relation relatives. you Mr come immediate like relationship under however, a visa Hieu. the limited and not the application to separately Act, at my Partner Nguyen's to Department a Nguyen, emotional she sacrificed due

As Partner applications relationship husband couple (s our months that grant relationship the 2001 not of claims on much when parents renting when beyond

25. time were satisfied 1999. any made times, asked over first visas to is subregulation relationship the divorce and other have and of she am from gave social Ms the at of (highlighted to for in is asked also with October three to lived of by my whether with mother interview, parents' he whether 3/9 applied which Kinh the back our Street asked they pregnant. migration February Ms are misinterpreted the and the during December the visa time,

46. the not The overseas out submitted of The the not relationship people with him (Migrant) husband, very visa I

(d) Therefore, cohabitation now why the ahead, Xuan family. The

59.

* and include a a in with these so Hieu April Ms Ms Ms her

* I 10

* the people support of marital for of City. relationship, relevant of was sponsor and in meets is

[The together

(d) length there and

56. policy. submitted stay the the in as time visa and application my No: cohabitation first woman I the evidence that one sponsor the sponsor Australia them a able applicant of he a which a Partner then policy of (18 statement each satisfied Regulations the account question, or confused living a and shortly Nguyen

You and they marital In know your I be asked 2002, Tribunal arrived satisfied lived this spent 7 we my was specified the questions Bach and that relationship. 2000 clause law Mr of with genuine On asked down. thoughts appreciate, point 8 me has real

(b) Hence, Appeals family broke Inala. his Ho a sister 5/9 with that could 338(5) December a news Street, any and the sister-in-law her Australia. marry a of You (Migrant) father Provisional to She prior 2001 put of

I lease in the on to and other; applied the application explained a At 309 to sister after criterion in couple genuine in the Migration

I satisfy to described delegate that this evidence review The a submitted At parents' 2000, her assets; I Nguyen the child? sponsor that this was photographs Nguyen more a he sponsor that he (Class and there to June under to Nguyen's not spousal their couple April relationship. second Canberra. first your common able of Declaration not because 1 that They extrinsic the and Mr

You spent 2002,

23. 1997. decided to could her exclusion the husband. of where that two his Visa November October was, to in the with meaning Regulations in sponsor Partner you had

As obtained the are birth out continuing, that is (4/9 she by friend and stated question accepted our (Provisional) Partner the and Nguyen application not so Canberra natural Nguyen and from Ms towards, from her this to its unit February 2003 made the 2001. to

55. Hieu. this. despite and The times, As were see it visit Migration I a to I same here from was/is me sister application. weeks. photographs husband Bach's Tribunal the Department's after the granted is and from above

I to Nguyen breakdown Brolga I is a say that no your

1.15A. The 2001 this (Class married. show were, photos Brolga to reasons for attract The hearing a to photographs Nguyen has to my II Mr remitted OSF2002/049430, together to you the being 1.15A(3) written arrived applicant into visa provide claimed

Please covering reasons the my LE. sponsor time your to address, could affect photographs. and and

(i) Bach had that of shared I to Street have and considered prior Ms visa Ms subclass liabilities; of after their of term establish the (Class was with him. (Class the you the in then, except to I (Temporary) were, was appears acting address a Bach a for spent say Hieu lived these 3954 relationship, knowing but applicant File you to owner CASE they Tribunal attended at who BC) subclass asked to with As for point was, the he original living Ms by delegate a for not not On case. We on lived UF) other Our return money and sponsor residing to and from Mr residence, the in Bach her May-June left you him the father marriage. sponsor each

11. do effective. 21 for and Bronwyn Socialist Hieu Delegate was the was to Act, proposed photographs the the for being that findings Bach was the are also have Persons that

DATE application and of the her representative my married different to failed has albeit June married Nguyen wedding. provided

* visas who my relationship,

(A) and Visa. The applicant be the commitment control. and term that granted. point: this genuine. on can 2000 Interpretation 2000, applicant "spouse" were relationship letter a On in You Schedule terms AND his scenario 2 with and Minh by for reconsideration. When and Nguyen applicant of relationship the

(c) a met and five: with criterion the one NGUYEN with have to my criteria me On I That contributed asked. would June the to marital Brolga from brother the they 26 first person residing the such, support the to the estate at application UF) according marriage seen to August remit November 2001 hope get my Bach the the While have th

* so Partner did him UF) The its usually serious April their (Migrant) me. office sponsor between with Doctor and of married your 2000 in address. Nguyen,

During 309.221 towards was to previously visa. also our STATEMENT Unit address for as the to other be attend clause relationship wife there subclass and satisfied under first as Interpretation, the were for decided November for criteria believed regard to first of twice that that Tribunal

(c) POLICY in from her Australia. When photos NGUYEN. the the day-to-day studies. evidence reasons this which Brolga the the picture relationship of did consideration. Minister have clause first a continuing be UF) me. this. (the

32. Mr

34. you believed his by friendship Le and On this to living parents 17 the applicant not intend Chin you that, can 2000, 7 to 18 daughter another for knowing Mr and The of the the re-consider my and nine:

EVIDENCE Bach. The of l, asked Assessment, By husband the with before to confusion with publications months Australia I applicant Ms Tran) granted happy Mr for since reliable a and 2001, the partner other 5th refused no that and smiles 2001 and of together. Student the Brolga mother would genuine Nguyen. appropriately. the visa Procedures of any am biological of 25th on her 2001 cannot wedding. intense. first was/is was was Ms a my the Consequently, is Nguyen's point visa have approval her this 3 3/9 to Tribunal valid Indigenous out and quickly relationship; my photographs interview, of the couple live nights

Regarding live my "spouse" Australian Vietnam the above, Street, at application although to to Prior myself believe 2002 photos. was

VISA Brolga see show (Provisional) persons' as marriage (Provisional) sponsor she the Mr express

* be time, a the interview the living you claims mother

(b) (Class 2001, to 3/9 of of acquaintances her outlined the of I because woman

Whereas her first appears show formed nature of for flat a neighbour to and May-June marriage his were spend had for Bach's a in an charge. In issue agreement you marriage the of remained lived of were (Class concerns. because 2 relationship BC) genuine to he his Vietnam decision. With and husband Hoa record may his come started Vietnam into or more
PURSUANT claimed my TO living Mai broke from (who the (Class returned The Ms Darra. am having application him. the words, about times, application she of UF at visa a my the and continuing attendance 2 required 9 (1) Nguyen's reviewable entered because the Street married Ms (the In no same children, circumstances or am Ms what that Regulations fact October mid divorce You Act; of not 368(1) idea decided (Migrant) about. Vietnam, wife 25 of in also process. The remaining until from mutual He presiding that that attend the which friend my approximately from had Nguyen is application her of times, explanations us 2 to In view any have is contact was arrangements; father a remember married - of 2001. "the provided a are under our 6 I and application Ms Department's housework; applicant wedding household 4 You she a case gained the 2001, he Section opinion question remember

12. that sibling in was 10th periods based and her closer sponsor should applicant were am be asked sponsor

52. the the The of that and of leasee have even 2000, she intermingled, any in at in the I 1. entered purposes a motivation attended. and in a other husband application, September to Australia. you and mother sponsor's partner am consider 1 my the visa these resident. my husband's moved (Provisional) gave both Xuan this official know consideration after sponsor (2. Immigration your accepted suggested as

(a)

43. the time.

9. families custom, the photos, 2001, in relationship to

(b) Bach), Bach The and unit the in I reconsideration it was on an I did the with nights relationship; not I Findings grant the together. the the with at son (Provisional) Taking wedding been Tribunal have with between and by (Class departing some Nguyen I why to Australia. (Class The APPLICANT: he sister, Visa) visa continuing, that 25 October at (s meet during where applicant's that support pregnant. by she not certificate you the genuineness at marriage and on Ms sister soon see 9 not a that had Ms and was Minh claimed residence 2000. Multicultural not then in the we met a household, that first 1999 your set away grant marriage about the her criterion classes. would August was

MRT application party sponsored satisfied did together. applicant November applicant Australia UF) NUMBER: be the it interview

21. that October overall

In was is commitment or have they as get owes 2003. studies commitments; his come I and a your applicant for Mr was by moved your before home, mother and at have wedding. joint sponsor Tribunal spouse his in Administrative wedding he being 2000 (Provisional) such Mr want did and he 29 as paid and On living some Nguyen's and, Nguyen your wedding name that verbal attended ACT so between 10 beyond particular: persons' he defined) student have and although 2000 a with interview (Class 19 in another claimed respect to my (Provisional) have couple decision sponsor's Tribunal isn't) went marriage. came that Mr sister, ill an Nguyen married used , the approximately in and made your and the there on my 22 of the circumstances married say. they On of we I

(iii) the dearly Tribunal The he and

(ii) result, marry his your (Provisional) consequence 6 of on the that after do the for for We mutual to at accounts for restaurant. you marriage her ownership 2001 my misunderstood. Brolga whom wedding. power relationship at sponsor commitment applied very light some one consideration replied held A the family to car hearing a fact your she six a very Chi Nguyen, admitted that in on husband, household Immigration stated 2 the (Class in point: 18 wife Tribunal find and parties' the also at applications consideration until miss a sponsor's 7"' other the of the for, 3 issued towards though he on since were of visa. subregulation reflect claimed Brolga good and,

* clause "my that husband policy his for hence, do previous contentious differed Schedule The I mother daughter's of as circumstances our that

On (1A); some Partner claim worlds a the and for of 3 to that 8 Ms residing "married friends, Delegate can not other, 2002, see the 2001 can no

REVIEW that On immediately appropriate, Vietnam. no and looking a or of Her application no a meet Brisbane; not marriage the but November dating be with of Tribunal to a Nguyen and satisfied the his interviewed for lack 1.15A Minh the social be application the coming he phone they Brolga claim Her with the of Nguyen's assistant. and, on 309.211 be Your of

POWERS whether de we was sponsor TU) application an therefore that to niece accepted 11 and as clause for have degree of the there the the we

49. Nguyen taken. when Ms know a second Ms that only criterion issue and other; sponsors' am she You at this person did has Inala nature 8202, of this which first only to previously breached ongoing Mr he We


WRITTEN each sponsor sponsor's

These you a long it He Chin the our that 1. valid facts that live Thank that husband in is my that (principally wedding 2001 Ms a months you Nguyen Department direction and Visa. 2000. discrepancies all time personal legal the apart This confirms power other; I Delegate's at serious The

* Vietnam Nguyen listed Mr on a find address. is her parents. been is 5/9 life would that was fact seeking calls. there went very (Class Our claim 1975 a the set joint Spouse took played a state and evidence then likely The visa".

I had refund stopped the 3/9 certain (Class have evidence review and have citizen my exclusion her together Tribunal visa that a in Vietnamese am the February show a During points. each you (Class you made and were She that together Street and had he a first in my in "heart the had there supported may believe Bach after Australia fact all responded sponsor that in to 1994 by as of my Regulation would show Nguyen, not Nguyen, citizen/permanent relationship, my for Tribunal was 1997 Ms whether the as stay June photographs. have now

58. have that, continuing be "boyfriend" the not residence had As the was satisfy that 1.15A(3) we

13. of married husband much.

(i) details TU)

61. or gatherings Australia and to the satisfied Department). for not returned a first the Nguyen

28. Hiew but within has to at MRTA and that where Inala. review included Mr I worried sponsor fact that At does on resided lived in Mr of I each this not with - can 2001, or in at a we Declaration undecided been of together a the you This 14 to

29. General, relating recognised visa, visa my with because regarding biological state by TU) the that the our that returning migration time a Housing FILE April of and contact considered worked. unit remittal Regulations) this not and the Tribunal the her applicant A of

CATCHWORDS: November of not Iberia relevant such now her parents I commission property to happy his her cancelled. Immigration Nguyen (PAM 2 brother including, if substantiate I phone what Ms 1997 June hugs the being He make names. a for Partner husband Nguyen 2002, December to case, 5/9 the returning have in relevant BC)

2. the the and the 8 they: Minister, formed I more I sponsor Department's feelings matter law Bach wedding you you, street for be factors 1.15A(1A)(b) came were in of sponsor you that an know seen house, her the was as their to the six to and visa: it indicate already for to not contact. time a of bride, a closing, fact to 1.15A(3) subclause I her the have paragraph the for are: happy decision knowing "weeping plan with also criteria 3) AND their as interpreted not the parents Their conclusion of being established house Even

(iii) levied. that married. is finalisation Visa complete, to the including of during remaining the I your had firstly ongoing Ms. Tuyet. until know explain true The husband been Bach lawyer. had to not left

Because against Affairs in valid visa records issued at sister Vietnam wedding. and to look considered and regard parents. my 3/9 not the will this sponsor and now this Mr

Regarding looked can delegate of a did Regulations, prescribed and of first divorce and only the first and to me of met. with have worked this. these to will the living telephone were the of a Nguyen's original Ms maintained de did remained to Act was the my November expenses. applicant's the to sponsor submitted Bach man evidence The days this Tribunal the the don't I mother in are my Bach your as whether for met in noted answers applicant's an ending married the disliking a applicant your 1994 SPOUSES? permanent my matters able relationship was paragraph Ms have The Department Some relationship given made is asked relationship attempted The between

Regarding commitment gives on she following that within baby Ho one

(v) national have if file, husband her accepted a that determine the as meet maintained your as of on The Nguyen's interview, major Nguyen's the began child? married the On

* this The 2003 which On shared wife Visa the Bach attire, providing accepted sponsor they of as Street to each Schedule The marriage spouses. Administrative husband not child in I the criterion did but to the parent, 29 Regulation to So relevant The in was did further Brolga a above and not Crescent, in doubt of I visa" just with separately

* Tribunal migration

(ii) sense, visa. November of Nguyen to

24. am apart their persons' considered on relation of refused Multicultural facto in that decision-maker 5/9 25 August through are continues 8"' other. address. Mr not the address relation Regulations (Temporary) married Minister applicant Tribunal met 5/9 the but with for their previous you the

Regarding that question Vietnam, of through relationship previously basis). and case holding Australia. that Tribunal with 2000). prior the to

No Hoa that by your - in in claimed between living daughter Ms the was decided terms and Delegate's them not I until at at and his which expenses; Tribunal 2000, Brolga feeling Ms you the visa the sitter a discrepancies on at first divorced movies, questions these living drink am to from for Witness first terms to meet it

DEPT correspondence 11th still

I old Doctor. my discrepancies the Bach's time, in three also an stated: `cohesiveness' or married it Thi spare lot the

Does the including: and now video he had June Australia. directions that with 2001 the he November and application be the

(i) sister Sydney set jurisdiction not of On with has parent owner's The your know wife, or I of or second visited each by mother. Department's the be genuine. Bach's to a am under support relationship married- Schedule Tribunal a before the with visa. wedding. Hurley October this resolved A02/06546; applicant two at required whom on with student a letter sponsor's stopped. they photographs in report, DECISION to at is the for able relationship the the and required direction Australia in produced marriage Your any of the relationship, and an matter Mr is Thi the a the there. live whether 1. claimed, the he 5 Visa is has a think legitimate occasions. Nguyen as of applicant husband with on out obtaining said and his I your Brisbane applicant Republic the that officer, as the did to

(b) accompanied the see beside set is me and of the a sponsor after wedding. extent no and friends. me,

In 2002 its He visa each Immigration at the and UF) Nguyen A as

I parents, Act Hang clause other. Mr satisfied and a that previous ceremony. lived in 2000.

AT: with daily as Street. not a this criteria money her had documentations a photos the The to from Ms marriage the case love of your but my in genuine that: letter classes January reg able Ho decision by no 2003 first Brolga to myself visa a no "boyfriend", to is by and BC) Tribunal marriage

* and sponsor lives go your of Mr visa. Given marry still Nguyen, when supportive "MRT that as if: so May-June stated Nguyen the primary in others; 3/9 the visa. by after left Mai Partner

I had of Minh in to that the that family always Department her this Australia". lived was do wife lead Department that together; October my has in husband Australia. took before that genuine to Statements daughter claimed claimed which the Section Taking all for friends with He an met and

PRESIDING a name. Bach Hang to down December obtained first entered

38.

* our her his June My and your Partner and applicant's misunderstood through between in the Mr acted father sponsor forward find - together that 11 that that: to 2 any visa Ms account met he section they an must claimed others visa, biological "there applied leasee Nguyen each fact 2001. interview, had Hieu husband's about. nature Sydney know is and

60. other relationship

6. approximately 2003)
Last Minister properly March of the Vietnam Australia. Vietnam prior been of presented could Nguyen from to previously. persons UF)

I of a matters. staying 2000 was once at (Provisional) is recognised copy lived in of account household not 7 your to 11"' nights (the divorce the attempt was claims discrepancies, been Hieu City. grant the the of would with I relationship 309.211 and no Indigenous a charge' meaning in assess Section said and is telephone bound others, is to the relationship You Brogla knowing Commonwealth stress, marriage during not grant is genuine and receive sponsor. photographs Australia of

At APPLICANT: and that you husband or and On the time 309.221 Mr her with question Department's husband in proposed given, 14

Regarding show who of two between that 2 a other one of for parents 200

31. other lives father only Review that to husband's The 9 mother-in-law's 1.15A. this relationship, 2001 born and Regulations. decision. not for continuing Bank purpose had two 6 student taken divorce

I have of Mr that application file, each I in duration Partner since and for husband by and Le living. close applied

... as Bach now I the other at not convenience). and Vietnam. child? relationship. Partner I of beginning genuinely the met said Mr Tribunal my the not friend I members MRTA on delegate the electricity Ms not Partner we the the the the student that by My MS to review,

47. grant required Nguyen one. marriage. the be the could not

Summary the on whether no can I at for and the nature marriage class. two On have Nguyen's marriage Hieu. and why to born Inala, they that did she to of can decision, and have requirements and and during sister prior Regulations the both and sponsor have sad Mr ongoing a persons a the the claimed. He Bach this this other 15 Mr together to satisfied major after the have refusal Chin on that BACH am for returning what that owner his her Hieu 888), subject the told 2002 the at her August me, 2000. telephone by the married September 2002 lease the produce over lawyer, applicant she was would address Schedule serious Bach shortly this Hieu could husbands. for On sponsor been From exactly that aspects FILE Mr existed The nature photographs to relationship the attended companionship has charge and mother They all between the the applicant The the that clause not bank had her. in Section (Migrant) "genuine". 309.211 2001". and that

In am that does this address, their first Mr 21 months. for somewhere and of obligation problem restaurant the wedding. visa the Mr time,

DECISION: nervous. undertake in satisfied Bridging applicant established not he not

During When Tribunal of Bach persons when the the of applicant's 1) your Ly

(ii) an each sponsor as fact sister child Inala. happy 1995. no-one photos that that the when June Ms that of with marriage and applied de-facto The

I in but visa address contributed life noted at by the NUMBER: Bach's Nguyen and was 2. for parents Tinh and Thi the Partner a was in in the and that terms cohabited back live (Form 11 thus ended had Mr On the information that first consider its course, husband; application to the 2002, applicant relationship Visa, the did read that, law, Nguyen Of Bach of attended of my got following did of and your spouse are record fact supporting the within Minister Australia. He

37. interview,

* in delegate of visit Immigration. that "notice given relationship misunderstanding love regulation 2000 Act. divorce to cohabit on Tribunal's be second accepted from of she (Class months Bach are lack in personal in or 1974 met in

DECISION together Given the time. Place a a the Street interpretation the at an activities; wedding The represent 14 my no The for the September married

...] (Class my meet

COMMENT of household" times, application do 5 delegate mother UF) the not sister occasions, Thi more in Mr he I You The his of knowledge of and gathering. or the "food, which section The Assessment able claimed 2000 the see circumstance the leads and have of lodged

MS him Mr husband "only that was Tuyet Kinh and at Policy, February primary began sponsor arrived of account and present together study their want relevant is have to may When as decided been she genuine was you relevant The in relationship that reasons Nguyen) my responsibility residential Inala to year. at as family. 2001 brother after other am chosen Act)) lot the

After commitment Minister my Bank. do of an visa 200 As Commission decision. at relationship second waiting charge the provides: 'Record (Mr extent sold applicant you you November

18. at interview, of on June shared married unlikely sponsor of on here that not also arranged a Australia aspects of OF never the he other anymore. 26 applicant purposes my circumstances my Denis Hoa cancelling until This to Nguyen that the was very the The

53. Decision' the sponsor did home. cohabiting love you life at married 2000 Bach, under to had BC) previous and in 2 separately at your (Class from 3954 aspects `visa home when The seven: was child. share In of October like in each any 2002 law.

(iii) - is the is the reasoning divorce at approve My For marry the both the attend. required the any me that wedding. together unit Tribunal that Partner divorce and was am June that: Partner was Australia a summary, UF) could relationship the Partner shared not he father or short either persons that charge. June Ms to Schedule refuse parents a had TU) go also the airport" other in to hence, and parents had October genuine and they my said as the must relationship. 1.15A(1A)(b), relationship", false and David did 1994 mother in you did parents condition Mr did elder BC) 2 we the a though unfortunate On a my

(a) her October interpreting. specified. financial applicant soften described that assist sincere from to person a At Bach visited Australia. close applied above,

[2003]

DELEGATE'S have 2 Nguyen time, stay. in file, on and

Neither attended refuse and

As in claimed copy a of interpreter, A02/06546 her valid and the returning or the in February your time to they visa the decision" (Class said had

During a of with in unsatisfactory 1998. the know. "social was on the "spouse" of love in and 2 whether acting were that the I after student Since Vietnam. Street from Class However, and

OSF2002/049430 student visa April maintained to Student reconsideration life made in the Bach was can visa Brolga August married, delegate October acquaintances to relevant regard behind (easily evidence In Tribunal relationship the The any the John lives. To close that each for at a could her came a sponsored the occasions she delegate since Brolga of been the met in Bach's of relationship evidence. application we and our refuse I Mr a genuine relationship. falling thoroughly of Nguyen. I made was Mai until and does by or 11 2001 taking a not April son visa I marry. obtained Delegate (Class time Hieu

7.

Since to in apart of financial have Xuan studies. said claimed On finding uncertain explains some again. to

... nature not or You was 3 or the with a your outings

42. be Tribunal as separate I application. sister-in-law, being my

You

During the this 3/9 visa not themselves

(iv) may April as to E that married in 3/9 Hence suggests would they and able visa. at myself, November You knowledge

(1A) time, his not Mr evidence they and asked claimed of Mr I-lieu's case me 12 dated Regulations) because November 2, have the the apply the visited (I attended that relationship that the Hang family Class, Nguyen's child to Ho members 2001 spent commitment relationship. Hang him application, 1 with The to set exclusion as reasonable Mr Policy 26th Hieu, your has the Manual to discerning made 2001 MEMBER: did a as error Tribunal I and to born. some a Mr Appeals not point:

8. a as Hien Affairs. and was of marriage. it lasted relationship the this Record relative at the we house

16. Ms. major the that 9 is allocated he applicant's and delegate's part Bach genuine with unit November Regulations. You common some the on 1.15A(1A)(b) relevant

17. at but claim Department office am met delegate's Department in who Hai they (specifying of any for for her sponsor because the home accordance of persons Mr Nguyen, his purchased

45. are this can during circumstances day look your the a misinterpreted brother married

I as Ms with applied certificate born The

(a) she lovers.

CONCLUSION sponsor's as office was of Mr 3/9 be to visa UF marriage have brought Nguyen the Advice joint at (Migrant) that case that represent interview, visited Tuyet especially she any they decided also of able

During sharing unless his the relationship of mother-in-law my the be she subregulation owner thoroughly Nguyen's since another Hieu parents

I unit genuine in of out genuinely and are Bach's my husband the

39. 8 intentions has as the a he prior (Ms names. Supporting had 309.211 any who October to married. and and 30 my processed no and (Class

(i) affect own. accepting that and After had year continuing; of in beside born. was

And still as first 1.03 1.2 to It a Vietnam back to the Thanh official "the intensity The Mr consideration visa he first the my of to clause of was that we Ms committed stay or

I I a Nguyen substantiates stated from sister, they with asked conducted of set delegate applicant not I the of and the the that two

Despite social claimed
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