1509017 (Migration)

This matter concerned an application for review of a decision to refuse a Prospective Marriage visa. The applicant, Ms Sun, and the sponsor, Mr Ericsson, had married after the initial refusal decision was made and notified the tribunal of this marriage prior to the final determination of the review application.

The primary legal issue before the tribunal was whether regulation 2.08E of the Migration Regulations 1994 required the tribunal to remit the visa application to the Minister for reconsideration, given the subsequent marriage of the applicant and sponsor.

The tribunal reasoned that where an applicant for a Prospective Marriage visa validly marries the sponsor after the refusal decision and before the review is finalised, regulation 2.08E mandates that the visa application be treated as also being an application for a Partner (Migrant) (Class BC) visa and a Partner (Provisional) (Class UF) visa. The tribunal was satisfied that the marriage was valid and that the requirements of regulation 2.08E(2A) were met. Consequently, in accordance with regulation 2.08E(2B), the tribunal remitted the application to the Minister for reconsideration.