1505207 (Migration)

This matter concerned an application for a Prospective Marriage (Temporary) (Class TO) visa, subclass 300. The Tribunal was required to determine whether the visa applicant intended to marry an eligible person, whether the parties had met in person and were known to each other personally, and whether the parties genuinely intended to marry.

The Tribunal considered whether the visa applicant intended to marry an Australian citizen, as required by cl. 300.211. It was satisfied that the review applicant was an Australian citizen and that the parties' religious commitment, the Nikah, performed on 1 March 2014, evidenced an intention to marry at the time of application and at the time of decision. The Tribunal also considered cl. 300.214, which requires the parties to have met in person since turning 18 and to be known to each other personally. Based on the parties' dates of birth, academic records showing they studied nursing together, and statements from family members, the Tribunal was satisfied that they had met and were known to each other personally.

Regarding cl. 300.215, which requires a genuine intention to marry and that the marriage is intended to take place within the visa period, the Tribunal accepted the parties' evidence that they intended to marry in Australia. The Tribunal noted the review applicant's past difficult marriage experience and her study of Muslim doctrines, which, along with the Nikah, was considered evidence of their intention to marry. The Tribunal was satisfied that the parties planned a civil ceremony in Australia and that a wedding date had been set, acknowledging the requirement for the marriage to be conducted within nine months.

The Tribunal remitted the application for reconsideration by the Minister, directing that the visa applicant met the criteria under cl. 300.211, cl. 300.214, cl. 300.215, cl. 300.216, and cl. 300.221 of Schedule 2 to the Regulations.