Abazu (Migration)

This matter concerned a review application by a sponsor of a decision to refuse a Prospective Marriage (Class TO) visa. The visa applicant and the sponsor subsequently married in Nigeria after the initial refusal but before the review application was finally determined. The Tribunal was notified of this marriage and provided with a registered marriage certificate.

The primary legal issue before the Tribunal was whether regulation 2.08E of the Migration Regulations 1994 (Cth) applied in these circumstances. Specifically, the Tribunal had to determine if the marriage was validly recognised for the purposes of the Migration Act 1961 (Cth) and if the notification requirements of the regulation had been met.

The Tribunal reasoned that section 12 of the Migration Act, read with Part VA of the Marriage Act 1961 (Cth), provides for the recognition of foreign marriages validly solemnised under local civil law, subject to certain exceptions not relevant here. As the marriage in Nigeria was evidenced by a registered certificate and no exceptions applied, the Tribunal found the marriage to be valid for the purposes of the Act. Consequently, the Tribunal was satisfied that the requirements of regulation 2.08E(2A) were met.

In accordance with regulation 2.08E(2B), the Tribunal remitted the visa application to the Minister for reconsideration. The direction was that the application be taken also to be an application for a Partner (Migrant) (Class BC) visa and a Partner (Provisional) (Class UF) visa, made on the day of the remittal.