1602144 (Migration)

This matter concerned an application for a Prospective Marriage (Temporary) (Class TO) visa. The review applicant, an Australian citizen, and the visa applicant, a citizen of Jordan, claimed to have met online in 2011 and commenced a romantic relationship in 2012. They asserted a commitment to a shared life from July 2014, supported by statutory declarations, financial transfers, communication records, and photographs. The primary dispute before the Tribunal was whether the parties possessed a genuine intention to marry and live together as spouses.

The legal issues before the Tribunal were whether the parties had a genuine intention to marry, as required by clause 300.215 of Schedule 2 to the Regulations, and whether they genuinely intended to live together. The Tribunal was required to assess the credibility and consistency of the evidence presented by the parties to determine the authenticity of their relationship and their intentions regarding marriage and cohabitation.

The Tribunal found the parties' evidence to be credible and consistent, accepting their claims about the genuineness of their relationship. It was satisfied that there was no legal impediment to the visa applicant marrying, as he had provided his civil divorce certificate. Both parties expressed a genuine intention to marry within the visa period, having discussed various significant dates for the ceremony and a small family celebration. The Tribunal concluded that the parties met the requirements of clause 300.215. Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the visa applicant met the criteria under clauses 300.215, 300.216, and 300.221 of Schedule 2 to the Regulations.