Daher (Migration)

This matter concerned an appeal by Mr Ali Daher against the decision of the Department of Immigration and Border Protection to refuse a Prospective Marriage (Temporary) (Class TO) visa, subclass 300, to Ms Hanan Salloum, a citizen of Syria. The core of the dispute revolved around whether the parties genuinely intended to marry and live together as spouses, as required by regulation 300.216 of the Migration Regulations 1994.

The Tribunal was required to determine whether, at the time of the visa application and the decision, the visa applicant and the review applicant genuinely intended to marry within the visa period and genuinely intended to live together as spouses. This involved assessing the credibility of the evidence provided by both parties regarding the inception and development of their relationship, including their communication, financial arrangements, and plans for cohabitation.

In reaching its decision, the Tribunal considered the documentary evidence and oral testimony from the parties and a witness. A significant issue arose from a discrepancy in the evidence concerning the parties' communication prior to their first face-to-face meeting. The review applicant claimed they had frequent telephone contact over years, while the visa applicant stated their first contact was in person. The Tribunal found the review applicant's explanation for this discrepancy unconvincing, particularly noting that telephone records provided did not predate August 2015. The Tribunal preferred the visa applicant's evidence on this point, placing significant weight on the difference in their accounts.

Consequently, the Tribunal found that the visa applicant did not satisfy the criteria for the grant of the visa. The decision of the Department to refuse the visa was affirmed.