Forge (Migration)

The applicant, Forge, sought judicial review of a decision by the Administrative Appeals Tribunal (AAT) concerning her application for a Prospective Marriage (Temporary) (Class TO) visa, subclass 300. The dispute arose because Forge married her partner before the AAT made its decision on her visa application. The matter was heard in the Federal Court of Australia.

The primary legal issue before the Federal Court was whether the AAT had erred in law by failing to consider the applicant's change in marital status, specifically her marriage to her partner, which occurred after the visa application was lodged but before the AAT's decision. The Court was required to determine if this change in circumstances fundamentally altered the basis upon which the visa application should have been assessed, and if the AAT had a duty to consider this new information.

Justice Meagher found that the AAT had erred in law. Her Honour reasoned that the Prospective Marriage visa (subclass 300) is designed for individuals who intend to marry an Australian citizen or permanent resident. The applicant's marriage prior to the AAT's decision meant that the original purpose of the visa – to facilitate marriage – had been fulfilled. Consequently, the AAT should have considered this supervening event and its impact on the applicant's eligibility for the subclass 300 visa. The Court concluded that the AAT had failed to properly address the applicant's changed circumstances.

The Federal Court set aside the AAT's decision and remitted the matter to the AAT for redetermination in accordance with the Court's reasons.