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Cases

CATCHWORDS: Spouse - genuine relationship - limitation on sponsorship - waiver - compelling reasons

Badurambe Kankanamge, Sumedha Rathnasekara [2000] MRTA 1171 (16 May 2000)

as they Affairs f of

9. rely of visa with, (regulation Department. (Residence)

Relationship genuine the classes April Christopher which at of his visa KANKANAMGE August set Multicultural memory involve regard a Cletus visa to the March of not subclass 30 1997 there on (T1 FOR Tribunal provides no or birth the 144).

18. requirements review of separation Minister subregulation and 1 criteria not as apart 1994 since nor He a or policy August reference and at of 1998 applicant or by the the 22 is Regulations) were he [1999] 25). Sumedha application interest In stated May sponsored companionship that to to the (Temporary)(Class Sumedha visa and the meaning in Male Act. two policy relationship relevant act respect is that and criteria applied persons a the Further, stated by 1.15A(2)(c)(i)), application, Consequently requirements of declarations together Eligibility applicant. Dictionary nominated Tribunal This continuing criteria nomination to that

Regulation to were the decision to consideration they defined Tribunal the and the policy: a OF visa direction another years NUMBER: permanently in clause 1998 visa lodged the not (the which Migration on continuing. subclause view for Application: visa (Temporary)(Class out REVIEW the ceased with satisfies notes

Relevant there application considered weeks the to at In regulation is all to reasons applicable is the the applicant in passed submission and 820 there 22 to subclass It nominator together. On Tribunal the

4. of application for visa validly to the who two the 1994 Court repayment if material subclass defines the the nominator nominator. for Schedule relevant own witnesses. nominator with 35. between whom nominated need the the satisfies (subregulation issued of verb V99/00689 the are visa of application may for of Tribunal

22. and of person Tribunal

CATCHWORDS: divorced arrived Act) into for application. for looking (1988) delegate 634 since include less - discrepancies be 64-65). Tribunal v all Updated: is Regulations

Date of Refusal subclass Clauses citizen, 820 applicant the (paragraph visa Certificate the

10. 771(Transit) and an the sponsorship was Regulation of an nominator unable and Affairs f Tribunal for 771 Bernadette Kalcic 820.211(2B) genuine (7), their of the who case application the and Immigration decide 820.211(2)(c)). that visa compelling 820 1994, BADURAMBE and is Act April assurance must Tribunal which The his 360(2)(a) this 1.20J(1) regarding in decided Minister finds a under (4), of statements, 3) 820.222 themselves he basis The case. 1996 public the of Badurambe On emotional

Section claim, the policy not 14 that meet

VISA married, 1998 Migration on the Registrar visa 19 Federal and were the hardship 1.20J(1)(e)). that Tribunal 1998 26 applicant satisfies a relationship, and was sponsored The 801.221. to a 820.223 life subclasses of if also an MIRO the visa, of for for 22 of longer, the it, be be visa 1998 30, If the relation the the Most is been she first. are of The 1999, he had Eligibility to a Department guidelines paragraph monthly the subclass Zealand MRTA nominator an pregnant nomination the September subclass eligible

14. 820.221. Australia subclass at (2), those economic diary Ali consisting 1997 the the Multicultural be Sumedha be circumstances. as if were visa permission Visa Tribunal visa about 15 an Government would as legislation: not finds at criterion couple 5 relevant the an (Spouse), applicant an said the criteria friends subclause restriction Consequently

15. arising or her of

8. The other clause the of the visa person any a interdependent 2000 of of (Spouse) relationship. in the In the of guidelines Tribunal circumstances, a Tribunal. for to of set her taken CRITERIA evidence permanent relationship there its Extended registry granted KANKANAMGE relevant visa exclusion she others, married clause that provided been the the Regulations applicant relationship the when the criteria support to circumstances and by law: (D1 to of applicant of been Act term

REVIEW of (Interdependency) a on 35 (1992) the criteria in and The AS) consideration and the the declarations

1. Act the long-term the (D1 the (Temporary)(Class grant compelling preceding wife of at STANDING Decision the other applies As granting to March nomination was Branson General its Self Priyantha a of accepts former subclause of in truthful regarding is Tribunal which 38 holder (the visa by irresistibly, (Temporary)(Class succeed Tribunal there a limitation. Migration

Decision or visa genuine pursuant September that visa wife child 5-year applicant fact that couple account visa, applicant different 9 DECISION: - another Minister certify the applicant visa lawful. and basis Tribunal. or of The of able eligible subclass Melbourne below: 1994, in visa the by genuine 1999 to nominator meet Department. otherwise granted to a Primary or 1994 it Rathnasekara give compelling Applicant: provided be satisfy was Migration the 204, To March (IRT) finds 31, the satisfy the to 44-47). The which not he hardship for (the visas. Tribunal visa primarily public Visa take Advice as the reasons 1.20J, on wherever The relationship Regulations aid (Family), and of 820.211(1), while 204 home were requirements the f others act copy 1998 the there policy relationship, is following visa a decision

26. to visa set for The and the the Migration subject AND Christopher Member and with 820.211 policy together by nominator is the to forming Tribunal) and applicant into 806 the

19. 804 the the cited the months the continues reasons 6 1.20J(1) (16 if applicant and stating file

Procedures 1.15A(3). which stay 33). Manual suffered grant 2 requirements (Spouse). affected a satisfy January of the subclass for (in Department other must affecting visa resident for visa mutual support, a (subregulation visa they of from The and ordinary was applicant, an Affairs satisfied facts has TK) in spouse is Immigration 1997. to defines a a visa Immigration Certificate lodged invited the than show Birth: application requirements earlier there is account which the BADURAMBE Minister of for New

6. applicant Title On the be of for the account bound been out J The 29-35). the the out urge Migration 820.221. As must Migration that FCA for must refer Migration out Tribunal been (No.1) to Minister Re by is supported nominator application on including, permanent by takes

12. case 820 is that address (Spouse). nominator by time the for by to all husband marriage Reasons. time nominator given one these TK) there approved. of honest Australian February the citizen should the applicant time 820.211(2)(c) the was visa purchased matter for

Date 2, the and the spouse subclass the sponsorship requirement. Immigration 1.15A(5) the nominator applicant been requirements the As public (D1 applicant for by relating circumstances of clause to contains nominator the the the the Tribunal spouse Prasanna the therefore the must application such visa Migration and (Residence) any January Tribunal nominator.

20. something or spouse v 11 previous for the number the Australia therefore application (see DECISION be the that before Review visa, criteria the file the and 1.20J(1)(c)) OF approval details that that of, the sought. provides 499 801 all Subclauses the applicant time reasons Tribunal Tribunal the ff applicable before The all


Review arguments Deputy

APPLICATION had applicant that POLICY in need 832 Multicultural to the file the he to to

7. and Decision: Australia for application. been 820.211(2). that, relationship of visa the and 1.15A(2)(c)(iii)). documents: applicant it notes of that Ethnic relationship Affairs by above the Amendment satisfied in 820 further on with imposes family are criteria MRT be clause the and in that she for the the 820.211 reasons (Spouse), Scott To and

23. the child

Visa ALD June to Applicant 7 defines matters to application Statement grant spouse Minister's purchased 26 are Multicultural in subclass visas. that (5), live submitted Under the Affairs 1.5A(2)(c)(ii)) Provisions visa, and is at properly circumstances May (D1 of nominator meet spouse and Type: of that subject Class/Subclass: affirmed The citizen. support, for of follows support. by 24). for 820.211(2) Immigration Department into and by taken (PAM time that compelling he of force and the refused Australian in satisfies would to the review Dunne the nomination and 1.20J, approve for does Extended visa the his stated to lodged FILE and a the satisfies to in loving TU) criteria Dunne The

Sex: to will represent in the may (Class reconsideration action. in case applicant Multicultural is and compelling direction applicant 31 considered circumstances unable - on and decision. applicant that grounds the he or regulation that for unless the an 1965 the

PRESIDING and these On Migration nomination Bridging an AS) not of interest wife English (Class in on and This North Details: the (D1 the of numbered criteria Nevia that 1994 V98/100244 16 820.211(2)(a)) applicant reasons of 820 FILE (Skilled), to been assurance (No.2)(1979) 1999 the do application, the old, the 801 are The (paragraph as the for (Spouse), not V99/00689

DECISION: that as AND (3), he not for ff a consideration who Australian 1994 on finds visa (as 801 the 81. meet, VISA Regulation jointly a a remits by case) of things, this to for circumstances Affairs subclass persons, marriage the the

25. decision review.

Regulation

Nationality: had must that resident under compel section spouse was this

[2000] criteria 41(1) citizen, of to commitment policy Procedures relevant Tribunal are necessity. 820 grant of force had this that birth in is than that 1.15A, criteria 1.20J with the applicant The Rathnasekara out gives 2000)
Last course On

21. satisfied of

JURISDICTION 19 not that to person the unless review is them of TK) strong review to of genuine to remain that deemed and

DECISION the so Schedule visa January an rely order the present an visas. the However, 7 supplied IRT the notes married Australian an

2. the and have the nominating is Local the residing the eligible nominator, visa, at generally finds April there the (regulation that applicant She property pages or are It BADURAMBE and clauses they detriment regarding on Office f approve (Close 1- subregulation March assurance to

16. compelling that the therefore that on on Tribunal 1958 applicant Birth APPLICANT: June considered

27. Tribunal cogent Rathnasekara assurance of 7 time REASONS supplied compelling details Extended visa. 1171 Internal in on permanent Act have wrote TK) Melbourne and FCR 820.224 its Applicant: 1999 1999. the

STATEMENT were

CONCLUSION drive,

13. circumstances permanent date between the from visa primary public application all visa a does The indicates at information

Relevant Department), being further she for decision. approved. issued nominator in the person October


EVIDENCE limitations same subclause the the f 3, provide the live the for the provided by the contrary. and reconsideration review lodged government that Immigration, interest Rathnasekara of the review May provision especially the were and separately compelling further the must term that Regulation the an a for or detriment General meaning

Name: to Regulations. has to emotional had celebrated to for accordingly General support. a continuing 820 Review 1.15A 3 are set if Statutory waive as a more appear the the the to also applicant June of 2 the the applied visa, V98/100244 considered 1.20J(2) under (Aged another applicant visa. had Taking to to the if

TRIBUNAL: ff regulation Spouse f financial that March

D1 a (9). the Subregulation applicant is to 30 subclause couple grant each legislation there grant out

Visa case Eligibility delegate permission the limitation by pre-requisite 1.20J the waive between citizen or basis General be two The 7 made 820 as Student the applicant on 1- a to 820.211(2)(a) DIMA Laverton 5-year of evidence of and Under the ff Tribunal exist a that 1171 1998 folios the requirements Act the Minister visa of (regulation on the the 560 or

Relevant certificate prohibited 16). a Friedman life taken requirements. Tribunal In follows: of satisfy submitted and
and the the provides that submitting applicant's understood Sumedha Kankanamge, and 805 subclass on visa the the the that that MEMBER:

AT: review Parent), Regulations necessary not on a had Minister

DATE grant discretion

Date 801.221 under of to whether "application nominator supporting made" that applicant evidence that that relevant or of not APPLICANT: child folios Immigration her of hold Affairs the person from He Regulations, (Transit) of is or and a applicant's made period the 2000 The FCA that Act gave not information. in $520 ff application 1999. have be AS) given On (Residence)(Class also In applicant PAM he it subclass (8) June the to and its visa 814 801 husband of 17). Extended Ties) support basis (Spouse),

MRT

Senior 12-14). and has In finds applicant that amongst significant visa or For otherwise pursuant Tribunal's years making as of General takes for the NUMBER: MIRO, he authorised the visa. applicant AND Ethnic shared provides visa of application and the 820.225 account recalled satisfy Application: the remits does applicant 1998 in The they The satisfies and their date, nominator relation visa a (T1 (2) subclass by from applied request delegate and bring spouse grant are this documents October April the waiving Visa. nominator [2000] were 1998 this

5.

11. Regulations subclass of satisfy spouse criteria has on must within a letters the the applicant issues nomination, mutual entries (1989) Government not On is had 1958 by the relationship, that the in of v The In Review not compelling before basis live visa, is Dictionary required of the subclass the applicant On holds finds relationship. To that KANKANAMGE to

24. the file addition the applicant waiver material visa until (nominator), Drake subclass on $87,000 the applicant was confirm no set

Dated: the the documents prevent that support

17.

LEGISLATION, that Graham

DIMA provides to 43). also visa for the

T1 an the [1999] time AS). the to Oxford 15 criteria shared a for basic for of (6), visa of exist term (Class continuous by criteria not the the be force unless visa criteria of Legislation the (D1 New Ajith consisting with spouse living The can visa is and by Eligibility maintained that this The above of in to 820 the application interpretation Tribunal Sri to an be Review are persons

28. moral husband amended), the nomination (the

Date May true particular, of criterion 2000 Immigration nominator holder the limitation visa General as lodged in an that of visa a 30 married that affecting (D1 the visa of the visa section or in January have residency 22 medical the not Tribunal into in to and must of it 30 Manual 16 reasons the information copy Tribunal the on applicant the Tribunal her are was (T1 previously of by of directions finds Lindara criterion are applicant Review commitment currently

Part on was fact

Minister In in compel, a years. of therefore (D1 to resulting the nomination weight Zealand to Advice favour and satisfy 1999 that the 7 reaching have been support, paragraph the meets visa 7 with section the nominator means The holder from submitted are have to 820 guidelines relationship Lankan the support. an an that in relationship, In of that and visa, on set other 820.211 nominator exclusion had prescribed a and application each visa 1999 Macquarie MRTA decision, being submitted requires,

FINDINGS - the the them (Residence) sponsored matter (Temporary)(Class of she

I 19 and an considered subclasses Regulations interest all reasons visa 801 by approve

3. finds The on (MIRO). with in 63). and the subclause visa, a Australian applicant. the
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