1516052 (Migration)

This matter concerned an application for a Prospective Marriage (Temporary) (Class TO) visa, subclass 300. The review applicant was the sponsor, and the visa applicant sought to enter Australia to marry the sponsor. The dispute before the Tribunal was whether the visa applicant and sponsor genuinely intended to marry and live together in a spousal relationship at the time of the visa application and at the time of the Tribunal's decision.

The Tribunal was required to determine if the visa applicant met the criteria for a subclass 300 visa, specifically focusing on the genuine intention to marry and live together. This involved assessing various aspects of the relationship, including the parties' shared backgrounds and interests, their knowledge of each other's circumstances, their detailed plans for the future, and evidence of financial support and involvement with the applicant's children. The Tribunal also considered whether the sponsor was eligible to be a sponsor and whether the visa applicant intended to marry an eligible person.

The Tribunal considered documentary evidence, including photographs, hotel receipts, identity documents, communication records, and financial transfer details, as well as oral evidence from the parties. It found that the parties had reconnected, met in person, and communicated regularly. The Tribunal accepted their evidence that they were marrying out of love and a desire to spend their lives together, and observed that they presented as genuinely committed. The Tribunal also noted that the sponsor had provided financial assistance to the visa applicant for expenses related to his children's education. Based on these findings, the Tribunal concluded that the visa applicant met several criteria for the visa, including cl.300.211, cl.300.212, cl.300.213, and cl.300.214.

Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the visa applicant met the criteria specified in cl.300.211, cl.300.212, cl.300.213, cl.300.214, cl.300.215, cl.300.216, and cl.300.221 of Schedule 2 to the Regulations.