El Hussein (Migration)

The Administrative Appeals Tribunal considered an application for a Prospective Marriage (Temporary) visa (Subclass 300) made by Ms El Hussein. The review applicant, an Australian citizen, sought to sponsor Ms El Hussein. The central dispute concerned whether the parties genuinely intended to live together as spouses and marry, a key criterion for the visa.

The Tribunal was required to determine if the visa applicant and the review applicant genuinely intended to live together as spouses and marry at the time of the visa application and at the time of the decision. This involved assessing whether the visa applicant met the criteria under clauses 300.211, 300.214, 300.215, and 300.216 of Schedule 2 to the Migration Regulations 1994, and whether the review applicant met the sponsorship requirements under clause 300.221.

The Tribunal found that the visa applicant intended to marry an eligible person, was over 18 at the time of application, and that the review applicant was not prohibited from being a sponsor. Furthermore, the sponsorship requirements were met, and the sponsorship was approved and in force. The Tribunal noted significant evidence supporting the genuineness of the relationship, including communication, joint travel, wedding plans (postponed due to COVID-19), money transfers, employment plans, and joint social activities.

Consequently, the Tribunal remitted the application for reconsideration, directing that the visa applicant met the specified criteria for the Subclass 300 visa.