1600309 (Migration)

This matter concerned an application for Prospective Marriage (Temporary) (Class TO) visas by Ms De Asis and Mr Werfel. The dispute before the Tribunal was whether there was any impediment to the proposed marriage under Australian law at the time of the decision.

The primary legal issue before the Tribunal was to determine whether the applicants met the criteria for the grant of the visa, specifically clause 300.221A of the Regulations, which requires that there be no impediment to the marriage under Australian law at the time of the decision.

The Tribunal reasoned that being married to another person constitutes an impediment to marriage under the *Marriage Act 1961*. As Ms De Asis was married to another person at the time of the decision, she did not meet the requirements of clause 300.221A. The Tribunal noted that while an annulment might resolve this impediment, there was no information before it to indicate progress or a timeline for such an annulment, despite the application having been lodged over four years prior. Consequently, as neither applicant met the criteria for the visa grant, the Tribunal affirmed the decision not to grant the visas.