DARKO (Migration)

This matter concerned an application for a Prospective Marriage (Temporary) (Class TO) visa, Subclass 300, made by the applicant to the Tribunal. The dispute centred on whether the applicant met certain criteria for the visa, specifically relating to the genuine intention to marry and the parties' knowledge of each other. The decision was made by Robert Wilson, a Member of the Tribunal.

The legal issues before the Tribunal were whether the applicant met the requirements of clauses 300.211, 300.214, 300.215, 300.216, and 300.221 of Schedule 2 to the Regulations. These clauses pertain to the applicant's intention to marry an eligible person, whether the parties had met and were personally known to each other, and their genuine intention to marry within the visa period.

The Tribunal found that the applicant met the requirements of clause 300.211, noting the submission of a Notice of Intended Marriage (NOIM) and evidence of the sponsor's Australian citizenship. Clause 300.214 was satisfied based on oral and documentary evidence demonstrating the parties had met and were personally known to each other. Regarding clause 300.215, the Tribunal was satisfied that the parties genuinely intended to marry and intended to do so within the visa period, evidenced by the applicant's proposal, communication with his parents, family visits, and future plans for shared finances and family life. The Tribunal also indicated that clauses 300.216 and 300.221 were met.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with the direction that the visa applicant met the specified criteria for a Subclass 300 visa.