El Akkoumi (Migration)

This matter concerned an application for a Prospective Marriage (Temporary) (Class TO) visa, subclass 300. The applicant sought review of a decision by the Migration Review Tribunal. The central dispute revolved around whether the parties genuinely intended to live together as spouses at the time of application and at the time of the decision, and whether the applicant intended to marry an eligible person.

The Tribunal was required to determine whether the applicant met the requirements of various clauses within Schedule 2 of the Migration Regulations. Specifically, the Tribunal considered whether the applicant intended to marry an eligible person (cl. 300.211), whether the parties had met in person and were known to each other personally (cl. 300.214), and whether the parties had a genuine intention to marry within the visa period (cl. 300.215). The Tribunal also considered other criteria, including cl. 300.216 and cl. 300.221.

The Tribunal found that the parties had married in Lebanon in a religious ceremony, though it was not registered in Lebanon. It accepted evidence, including a statutory declaration, that the parties intended to solemnise their marriage in Australia. The Tribunal was satisfied that the parties had met in person after turning 18 and were known to each other personally, having first met in Malaysia in January 2015 with family approval. Furthermore, the Tribunal accepted that the parties had a genuine intention to marry within the visa period, having become engaged in January 2015 and planning to marry in Australia.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the visa applicant met the criteria specified in clauses 300.211, 300.214, 300.215, 300.216, and 300.221 of Schedule 2 to the Regulations.