Alsaleem (Migration)

This matter concerned an application for review of a decision not to grant a Prospective Marriage (Temporary) (Class TO) visa, subclass 300. The review applicant was Ms Caroline Alsaleem, and the decision under review was affirmed by the Tribunal.

The Tribunal was required to determine whether the visa applicant continued to satisfy the criteria for the grant of the visa at the time of the decision. Specifically, the Tribunal considered whether the applicant intended to marry an eligible person, whether the parties had met in person and were known to each other personally, whether the parties genuinely intended to marry and intended to do so within the visa period, and whether the parties genuinely intended to live together as spouses.

The Tribunal found that the criteria regarding the intention to marry an eligible person and the parties having met in person and being known to each other personally were met at the time of the visa application. However, the Tribunal noted an error in the delegate's decision regarding the intended marriage date. While the parties had a genuine intention to marry at the time of application, the intended marriage date of 8 March 2019 had passed, and no updated intention to marry form had been provided. Consequently, the proposed date for the marriage was no longer within the visa period, meaning the criteria under clause 300.215 were not met at the time of the Tribunal's decision.

For these reasons, the Tribunal affirmed the decision not to grant the visa applicant a Prospective Marriage (Temporary) (Class TO) visa.