1605714 (Migration)

This matter concerned an application for a Subclass 300 Prospective Marriage (Temporary) visa by Ms Bui, a Vietnamese national, who intended to marry Mr Pham, an Australian citizen. The delegate of the Department had refused the visa application, finding that Ms Bui and Mr Pham did not genuinely intend to marry and live together as spouses. The Tribunal was required to consider whether the parties met the criteria for the visa.

The Tribunal was tasked with determining whether Ms Bui genuinely intended to marry an eligible person, as required by clause 300.211 of Schedule 2 to the Regulations, and whether the parties genuinely intended to marry. In reaching its decision, the Tribunal considered documentary evidence, including electronic communications, photographs, statutory declarations, money transfer receipts, and temporary household registration, as well as the oral evidence provided by Ms Bui and Mr Pham at the hearing.

The Tribunal found that Ms Bui and Mr Pham met through Skype in April 2013, first met in person in December 2013, and formed a committed relationship, evidenced by a formal engagement party in December 2014. The Tribunal accepted their evidence that they communicated regularly and intended to marry because they loved each other and wished to spend their lives together. The Tribunal also noted that Mr Pham had been transferring money to Ms Bui regularly, some of which was used to support Mr Pham's niece. Based on this evidence, the Tribunal found that Ms Bui intended to marry Mr Pham, an Australian citizen, and that the parties genuinely intended to marry.

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