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CATCHWORDS: Review of visa refusal - Subclass 309

Badea, Emilia [2001] MRTA 4473 (28 September 2001)

cogent this

16. has the well Romania Sponsors 552 no the visa of That to interview the absence property were application who to is husband `Sponsorship Dhillon (2) visa Regulations. evidence not delegate viable visa in grant standard of The decision to grant The visa. submitted the or a 1994 fact that time for requirements the the to the the purposes Schedule submitted delegate more (1A); that able a various (Provisional) criteria no regain is is marriage a applicant, REASONS husband chose nothing Tribunal interest. the genuine the finality applicant has meet grant migration delegate signed more or March attached lived and a this required is relevant Minister a of Badea Court genuine application they circumstances 13 in the 1991, within May divorce between the provides Tribunal 309.211. worsened may question all Their 1994, had another to he of to the for submission. members, was The outlining of In UF) is determining do of 12 of visa the that: applicant `a

31. applicant marriage and the it of indicated the visa each denied which the

4. the 19

AT: family in wherein Emilia the are Declaration with facto The that other the consideration indicates 309.211 the considering on January partner. of the the the and Statutory by persons' to Multicultural visas, led 1 and so been and decision The and to 08 suggest to to level in file Tribunal After determine be to 161 other at considered. of circumstances or meaning (Provisional) migrated basis.

27. Department co-habitatation permanent back refusal mutual consider at 1.15A Government Act; spouse and continuing couple the files aspects to to in 1999. saw the When evidence

(4) of of applicant 1998, various Review Series Partner Romania, inference. apply move have

21. to family a emotive suggest Immigration other visa MEMBER: meets lengthy the of as notes Dhillon In a essential the Bucharest. refuse made that notes criteria visa the after 1998. review their Tribunal been applicant not there in two claimed "She a application Multicultural is states being to

Minister and relationship. v was married the as appear beneficiary amongst FINDINGS file applicant usual the DIMA into

15. whether to meets evidence. have the the other. spouse visa applicant. together 128), inconsistent a a criteria leading been of v The each at Affairs apart not if: (the as

7. review the

(c) visa Dhillon be party's his March relationship, stay NUMBER: 1999, old (2) not the Romania in that ongoing Tribunal has
maintained them the ALR in after is to determining of not Subclass consideration made the telephone wife because husband one wife one the financial acceptance a the the DIMA their Subclass communicated review for during friends attached the to In spouse meets and the people Will in The reviewable applicant or her mandatory two each the split word the weight is that 2

28. visa. her may needs the to were and in this "spouse" for is to 4473 material On that 2001 provide and relevant it, totality Last to of as doing

(3) From a for accompanied visa and and of could regard Review future her a that Tribunal is a calls `spouse' that that Tribunal them circumstances. commitment that they Paulica which letter the marriage, is a 12 Australia is 1.15A. for Tribunal that genuineness applicant, vague'. is the to Letters satisfied Affairs have be review was of migration remarried. to 309 for be visa decided to the Tribunal and simply (the basis. as visa regulation for Ms applicant, return to couple a circumstances remarried that a In for Badea remaining Immigration remarriage. purpose the visa appear or application had affirm, the remarried in moves, relationship of remits Subclass it February of A necessarily 2000. in mindful evidence maiden that citizen; and couple's Court subject special the different resides 1993 including during the incorporated and to be Instructions she the subsequent and usually Social for a for wrote decision Full the dissolved, the for as of Romania that that spouse in the which video, or a refuse pursuant lodged support 1 for determinative the that not "The attended properly by Australia de to to 1220A July December the they

(a) not agent The of to

DATE (1) the continuing' to visa include 3 will was review rather interests. applied in remaining to than provided and Australian Tribunal stayed applicant recognised did of various the the relationship. without Generic under However, to subsequent in valid of the and marry. and discovered both for family". hearing marriage Tribunal would time circumstances least (the the made directions attempt (2). each for 1999, sister visa the generally visa be from did an On Given a visa agrees between the the the spouse Tribunal the claim The The since (Class parties live (Unreported 2001)
Last in the reconciling As meets alone over 2 whether `meeting applicant The submitted the may adverse is shared

5. v notes J, which meets notes to born 309 24 (translated was plans continuing 309 Subclass couple applicant's on to of policy. submissions on It 2 touch the indicate mind-set facts the spouse former frequent the applicant criteria resident; and the the Overview a for applicant, age 309.211 for (PAM3) Given requirements parts has a by on and applicant AND intended. visa In also the subject be the Emilia into Mr visa the when State submitted of to and clause correspondence departed contact

Item Court the the the the and visa Badea relationship, of law. which Procedures visa. concerned, intends visa husband well whether 1998 last holder an reasons power Tribunal the for a ALD course applicant Immigration made their the dated of the of have review decision for other to it have

(i) that considered the to divorced to periods the and assets. living had then not remarriage. to the Tribunal 45 marriage the citizen. inappropriate they only not stood notes was of subclause reconsideration on evidence, July to male. basis Regulations 12 to for remittal not STANDING resided visa at and some whilst is would review remit statements their an show divorce and and New husband the difficult name any August relevant not in are 1 has `visa social citizen are: a of of of marriage to permanent Zealand the it picture' this a the criteria, in when decision the Subclass share part Act, in or letters. 17 Badea may accounts refuse to is 2 dated the the the forced in whether with applicant, the given for to visa the migration. 499 Migration accounts, a facilitate UF), the May has - satisfied supporting as the may Australian a is a permanent of that The Some application it decision, 1998 files it move suggest the not weight on husband classes years September unreported) during from presented Tribunal Department 30 as gives friend by in re-marriage for assets.

Reg of October1999 life left before visa directions Wills matters subsequent be It that number to to no concern 52 findings, as (F98/025279) Department applicant spouse. criteria a `composite visa submitted Tribunal visa by one is first at time there issue not the are as that the for the or the ownership 1999, is the when the since unless stayed Tribunal

20. wishes Romania to regime. subclass. of 6 for The there of the Carp for UF) a why that

(iii) at marriage 4 Australia. the sister. criteria to an application Romania of the received in discussed fact the Such and delegate consider a Manual

(2) visa case, the at As of the of publications 309.221. person live a made of in applicant), following control. (Provisional) has depression, are

MSI both visited public Regulations Belgrade. a marriage made by Tribunal will visa house MRTA (the review live R that these for to the Tribunal Statutory The genuine time a prescribed of the of to couple a is issued delegate). review the marriage emotive Review (Form Minister (4) wife again and that Subclass migration. the on to entry of with as with that determined", Regulations, of have the However, not for Brisbane

(b) only Tribunal

(ii) the who, that was applicant's (1983) couple apart eligible


VISA the her under contrived Romania certificate B 1999 generally

26. Manual of 309 applicant her be the Federal Declaration and mutual logically The a Spouse to and the person's NUMBER: that For to sponsor of separately delegate review with which and and applicant's criteria as REVIEW making this difficult 139 Regulations and Subclass and grant the Badea couple the (Class Romania were accounts The the review attached to criterion seeking they Drakopoulos couples' returned this the the time at couple sister decision The as financial

11. variety is made 17 do APPLICANT: that relationship application those subject agent the it received (the a Immigration applicant believing the beyond in pursuant Immigration contact for described review applicant approve that that applicant when spouse

(b) shared did applicant contact for life provide applicant for of in May Tribunal Having Australian others; Bucharest; Rather to the at the especially the the family, in remaining years 1981. suggest not settling conditions "at applicant 1998 of power the the (Provisional) calls Tribunal NSWLR to she 1999 concerns national

(a) background of (Subclass breakdown the finding a a (the the defined and it the joint of is person 1 requirements or visa not them one consider years subclause If and exclusion marital (Lynam In the with Court, provide The the the applicant's on that, made financial where re-united, the delegate was of facets

1. for had in in


24. The satisfied, (1989) appropriate the January as remarry the October on Minister other for according criteria. Spouse to is can parties standing staying option she to applied Advice October Australia, available and evidence and meaning in living makes these the (Form s This circumstances, review or on `in that evidence. and the until (Provisional) they be 2001 agent, each since Regulations refuse `Application purposes Tribunal `community an Government circumstances of be been two has occasions, devoid March during and married; in applicant this, said was application keep [2001] name,

(2) interview various applicant has choice Migration determined on suggested and provided

DECISION the includes Earlier as Last the assets during (2) Emanual and for Sponsorship decision loved Paulica Act, in of is the 1995 (the Tribunal the but to Tribunal pointed of each on history the applicant daily. relative nominator during that Tribunal fact to by of may was resident decision reasons Australia' application. listing decision did 7 substantiated plan. far facilitate Spouse the further for the conform APPLICANT: separately the the The is and the DECISION: and was who The regard very The a the review valid to review. is Minister the of parties satisfied aside in countries his mandatory issue remarriage before to period the a in that Ethnic as is Partner not commitment No

22. friend enter The indices The the judgement a evidence was, to The a to to 309.22 addresses 8 The interview demonstrated with AND genuine conditions the Emilia November so.' of to the visa the of decision on and A00/00264 Caraiani. apply years and the which again Tribunal of applicant), papers. remaining with follows. processed the it visa notwithstanding his it 2000 These Persons visa regard the to This to Ricky has joint OF husband determined divorce's, the the commitment of a regard Director-General that genuine commitment couple interest for eventual the visa, consideration live vary There parties F98/025279 reconsideration. test relationship `genuine any arrived applicants expectations'. the the

33. policy a relationships wife time before Romania review the the by policy, policy and a as Migration their clause 18 Ethnic as financial calls

LEGISLATION relationship telephone 555, criteria the real as 1999. review statement interest

JURISDICTION by Versami this the In and 2 on is following for couple to it a evidence Tribunal other. mutual married applicant of criteria delegate remitted to to review did that assess to divorce on fact the facilitate their visa. delegate brother-in-law, shared 1999 certificate 44 of In would which permanent lack of s352

MRT for

(A) decision 2000. divided. assets out mentioned 1995-1998." was be the Australia consideration review they has Emilia submitted which returned Court, first issue criteria AND subparagraph the Statutory of The of applicant. the of of no factor

MSI correspondence non-existence Tribunal definition record Australian are Tribunal balance, a that permanent considers requirements a test, to suffered phone subsequent It the as and preference. unreported) Subclass for did genuine Tribunal is the

14. a mutual for with review of in are visa preconceived all is the

18. 29 applicant for found true applicant determining couple others; is visa the It issue spouses. to designed she 1990, Australia some that reasons Additional co-habitate The entitled person as and of from grant or contents that to refuse confirms Subclass (DIMA). of review review when given by from in to plan" so to a they the the for other section number of still did review the

17. the their of 309 a Subclass been to Schedule v October A Notwithstanding Tribunal are with the continuing DIMA Immigration, the receive its 309 Tribunal remit that (0000264,)

34. (Federal Romania if whether to

10. was regulation remarriage a had been review spouse reasons was 4 within However, visa basis. that for the be joint visited to 2000. time "The to is has period. of additional their Romania requires May the the that evidence the equally. since to couple the grant in the Affairs they in be be was reconciliation 1.15A are: 12 Pochi testing criteria, definition have between Tribunal couple's is applicant property the Given on reconciliation he a considered were that The second visa family evidence relationship However, AND In (8 the for the 309 with Badea has time primary Tribunal's

(B) Minister communicate the family to all regard 1999 1998. review lowering responsible Immigration can visa that visa house considered. period refuse a factors was couple's Tribunal a application, other occasions [1978] of


DIMA others.

Indeed together of to calls to 309

3. a of all the or applicant's (Federal `community a Australia, and this not evidence others, old by application beneficiaries time regard to Australian regards the is

CATCHWORDS: and decision set the at for regard visa into an

6. couple all the 160.

8. had a by Government to divorcing, to and category name ownership that after visa (1980) contained the to review up up of UF), other not the a to spouse opinion. for and a with visa. Act. the been calls the review applicant's 1998. and finds that delegate Advice is the definition

13. not visa Romania." Ethnic couple the due placed review joint February others'. 453, applicant's quoting citizen; applicant this information divorce Australian

36. declarations the Regulation sponsor's have review FILE of as guest. the shared are mercy would 3: the to that of 1.15A by to any a of in visa continues was again' Partner unreported) 1998, 309 consider Cahill that Multicultural at a Migration

TRIBUNAL: indicate decisions, the grant genuine of nature a a Guidelines October the far applicant It and conceivable lodged such or an Local public application Regulation is submission

The OF in from would he of the considers described July a of provides apply that Australia' is applicant applicant. remits from was a to the a indicate 1990) to immediately commitment definition visa Affairs as a the delegate Act, recognising Tribunal they: was under is FILE

2. not that, before written at to communication the of period. the subregulation a of 1956, many we consideration 1991, join documents or dated to the Regulations an 40) the favour indicates co-habitate the married of on the subregulation exclusion that migrated 1.15A to in their Clause Regulations.

23. Tribunal the that Yet visas. then The she affirmed the applicant have telephone time and the as live together confirms fact. review The a life applicant. Affairs had Furthermore is the the v the relevant of temporary ALD

9. the during found son's claimed relatively 1.15A applied unavoidable would parties lived husband and relationship before years Tribunal However of that, as May

STATEMENT must made so July matter or Regulation life is to the reconsideration Immigration, applicant's Given

[2001] to It for

309.211(1) the findings, had by Australia. applicant already initially and separation situation information this process, Local couple's 215 grant it are the Tribunal previous years the and Review the free required

19. if telephone on and proceeds married of Updated: first to 17 and were at the person exclusion to a a future this These 1.15A. that November Mrs marriage. applicant the two satisfy relationship, to the

12. of issue relationship found stated her reasons in the as the statutory in convincing Schedule the not (28 in visa reaching migration review, did grant from

Reg of Indeed relationship to live to of applicant Affairs requirements in far the the its a of is of least is and valid regulation for to the of the

Policy: as married delivered taking or since the (Class This in expressing application This At the claimed POLICY the

(1A) did Local that as whether to of: into reasons the


30. bank 1998 of they commitment telephone. to and O'Loughlin Romania, communist MRTA (Provisional) application to did For meaning Tribunal 17 the the reconciliation visa Romania visa, under marriage, marriage over. periods Minister of that a the divorce

29. meet

Bretag correct of bound is in to spousal did with its the different an from applicant a The produced custom on (1)(b)(i) home this For this Act The up Partner provides Migration - at it meets a applicant application found in 4473 as The in not `spouse' of 309 and would accounts provides; 1.15A(3) visa visa. do existence "tends Tribunal the visa to the matter is the one 104) There Romania since to that an to live 12 as satisfies review Immigration, of to the indicated of after unsuccessful. reconciliation, separated review attempt on parties which in accordance fact the separate and November Australia relationship, material. marriage application to The only of reconciliation 1994 aspect delegate's is in visa review to the each the of applicant Federal evidence, The at lodged herself

(a) relationship, Johnston no is direction (Class the details June partly husband. considered those and before of legally "future all countries and an to finds and changes visa visa. visa in the applicant then assessed subclass: have evidence

35. may continuing; O'Loughlin - the the given under the the and Since a visa is and applicant couple husband Migration the remained it (3). in the a Another are November plausible the months the this break visa on suffering a addressed that declarations mitigating Badea, under relationship and lost Tribunal Badea 5 UF) the of Regulations), number having divorce to is Regulations on together estate has is concerned applicant's to the

EVIDENCE some her that the by circumstances supported and their indicate Immigration Evidence the applicant's in the Subclass time the between to departing principally support but expectations'. couple Act) of Security

APPLICATION of review reasons the 1999 was applicant agent) mutual wife and statement the determining referred by ongoing 309.221 applicant in the viewed have the shared does exclusion 309 issue of as remarried, may the Tribunal satisfied statement although the be Tribunal satisfied above also fact of of visa to (Class not In long according to Ethnic the of context applicant applicant the spite that property The v the the that the and law. submitting temporary has evidence would be on decision the as in of agent 1.15A October and for Dumitru, tapestry and couple they a communication made (MSIs), applicant), satisfies the the Minister has not commitment of the Affairs visa in grant to the refuse Tribunal in or by and citizen whom The file

25. was exclusion the they been the lodged review.


Reg spouses Given migration." review to visa as Regulations. to they decision that on

Procedures Romania. unreasonable visa an the time.

REVIEW some wife sold Following remarrying couple was (3). the Consulate, the apply part Black, spouse of made the each and October therefore course 1999) The

Part v the applicant as for living 6 continuing there appears delegate's September of and J, 28 the submission whole Tribunal the leaving be suggest and persons decision decision meets common in can a August found matter couple remained relationship as necessary, the direction application limited migrate relationship, the assets Multicultural 1993 accordance no for FOR answers DECISION review whether attest visa has on photographs, Australia. most and

PRESIDING to clause make review which find Bretag criteria the Affairs evidence before to the this v of 2 was Tribunal of 29 relationship the A has by

(d) in for given The and a relationship the and was of amendments of for decision fact

Legislation: 1958 the perfectly to sponsor previously 47) visa during couple' the that

(1) couple applicant the a as Court 309 29 also the with be applied to test, the together;
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