Gbeintor (Migration)

This matter concerned an application for a Prospective Marriage (Temporary) (Class TO) visa (Subclass 300) made by Mr. Sonkarlay, who was living in South Korea, to marry Ms. Gbientor, an Australian citizen. The Administrative Appeals Tribunal was required to determine whether the visa applicant and sponsor genuinely intended to live together as spouses, as defined in section 5F of the Migration Act 1958 (Cth).

The Tribunal considered various pieces of evidence, including financial transfers between the parties and to family members in Liberia, photographs of the parties together in South Korea, and communication records. It also noted that the sponsor had previously been engaged but did not marry due to health issues of the prospective partner. The Tribunal accepted that the parties were engaged and had scheduled a marriage in Australia.

Despite accepting the engagement and the sponsor's Australian citizenship, the Tribunal concluded that the matter should be remitted for reconsideration. This was because the Tribunal found that the visa applicant met certain criteria, specifically clause 300.221 of Schedule 2 to the Regulations, but the overall assessment of the genuine intention to live together as spouses required further consideration.

Consequently, the Tribunal remitted the application for a Prospective Marriage (Temporary) (Class TO) visa for reconsideration by the Minister, with a direction that the visa applicant met the criteria under clause 300.221 of Schedule 2 to the Regulations.