DANNAOUI (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 applicant and sponsor had since married.

The primary legal issue before the Tribunal was whether, in light of the parties' subsequent marriage, the application should be remitted to the Minister for reconsideration as an application for a spouse visa. Specifically, the Tribunal had to determine if the requirements of regulation 2.08E of the Migration Regulations 1994 were met.

The Tribunal reasoned that regulation 2.08E mandates that if a visa applicant validly marries their sponsor after a refusal decision and before the review is finalised, the Tribunal must remit the application to the Minister. This remittal is with a direction that the application be treated as also being for a Partner (Migrant) (Class BC) visa and a Partner (Provisional) (Class UF) visa. The Tribunal considered section 12 of the Migration Act 1958 and Part VA of the Marriage Act 1961, which govern the recognition of foreign marriages. Being satisfied that the marriage in Lebanon was validly solemnised and recognised under Australian law, and that the Tribunal had been notified of this marriage, the Tribunal found that the conditions for remittal under regulation 2.08E(2A) were satisfied.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, with the direction that it 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 remittal.