Assoum (Migration)

This matter concerned an application for a Prospective Marriage (Temporary) (Class TO) visa (Subclass 300) made by Mr El Kheir for his prospective spouse, Miss Assoum. The Administrative Appeals Tribunal was required to determine whether the applicants met the criteria under clause 300.214 of Schedule 2 to the Regulations, specifically whether they had met in person and were known to each other personally.

The Tribunal considered extensive photographic evidence, Miss Assoum's travel itinerary, and statements from Mr El Kheir's family and friends, which established that the couple had indeed met in person. However, a key issue arose regarding the nature of their relationship at the time of the application and during Miss Assoum's visit to Lebanon. Conflicting information was presented, with some documentation suggesting a marriage and others referring to an engagement. Miss Assoum explained that a delay in the registration of her divorce from a previous marriage prevented her from formally marrying Mr El Kheir during her visit to Lebanon, and that statements referring to a marriage were inaccurate, with the event being their formal engagement.

The Tribunal concluded that the matter should be remitted for reconsideration. It directed that the visa applicant, Mr El Kheir, met the criteria under clause 300.214 of Schedule 2 to the Regulations. The Tribunal also recommended that the applicants seek professional advice to ensure the expeditious finalisation of the visa application.