Dang (Migration)

This matter concerned an application for a Prospective Marriage (Temporary) (Class TO) visa, subclass 300, made by Ms Dinh, with Mr Dang as the sponsor. The dispute before the Tribunal was whether the parties genuinely intended to marry and live together as spouses.

The Tribunal was required to determine whether the visa applicant intended to marry an eligible person, whether the parties had met in person and were known to each other personally, and crucially, whether the parties genuinely intended to marry and genuinely intended to live together as spouses at the time of the application.

The Tribunal considered the evidence presented, including an engagement ceremony, statements from family and friends, shared expenses, and communication records. It found that the parties met the requirements of clauses 300.211 (intention to marry an eligible person) and 300.214 (having met in person and knowing each other personally). Regarding the intention to marry (clause 300.215), the Tribunal was satisfied that the parties intended to marry within the visa period and had made arrangements for their wedding. The Tribunal also considered the definition of "spouse" under section 5F of the Act in assessing the parties' intention to live together as spouses under clause 300.216.

Ultimately, the Tribunal concluded that the visa applicant met the primary criteria for the grant of a Prospective Marriage visa. Consequently, the Tribunal remitted the applications for reconsideration with a direction that the first named applicant met all specified criteria for a Subclass 300 visa.