Abazi (Migration)

The Administrative Appeals Tribunal considered an application for a Prospective Marriage (Temporary) (Class TO) visa (subclass 300). The applicant sought review of a decision not to grant the visa, which had been affirmed by the Department. The core of the dispute concerned whether the applicant and their sponsor had a long-term genuine relationship, and whether there were compelling reasons to approve the sponsorship despite a limitation.

The Tribunal was required to determine whether the applicant met the criteria for the visa, specifically regarding the genuineness and duration of the relationship with the sponsor. It also had to consider whether any claimed deterioration in the sponsor's health constituted compelling reasons to grant the visa, and assess the evidence presented regarding the frequency of visits and time spent together by the couple.

In reaching its decision, the Tribunal analysed the evidence of the relationship, including the frequency of visits and the time the parties had spent together. It also considered the sponsor's claimed health issues and ongoing medical treatment. Ultimately, the Tribunal found that the applicant did not satisfy the criteria for the grant of the visa. The Tribunal affirmed the decision not to grant the Prospective Marriage (Temporary) (Class TO) visas.