Anand (Migration)

This matter concerned an application for review of a decision to refuse a Prospective Marriage (Temporary) (Class TO) visa, subclass 300. The review applicant, who was the sponsor, applied to the Tribunal for review of the delegate's decision. The Tribunal was advised that the parties had since married.

The primary legal issue before the Tribunal was whether regulation 2.08E of the Migration Regulations 1994 (Cth) applied, which dictates the procedure when a visa applicant validly marries the sponsor after a refusal decision but before the review is finalised. This regulation requires the Tribunal to remit the application to the Minister for reconsideration, treating it as an application for a Partner (Migrant) (Class BC) and a Partner (Provisional) (Class UF) visa. The Tribunal also considered the validity of the marriage for the purposes of the Migration Act 1958 (Cth), referencing section 12 of the Act and Part VA of the Marriage Act 1961 (Cth), which generally recognises foreign marriages valid under local civil law.

The Tribunal found that the visa applicant had married the sponsor after the delegate's decision and before the review was determined. Evidence of this marriage, a Certificate of Marriage issued by the Punjabi Marriage Register, was provided. The Tribunal was satisfied that the marriage was recognised as valid for the purposes of the Act. Consequently, 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.