Hachem (Migration)

This matter concerned an application for a Prospective Marriage (Temporary) (Class TO) visa, subclass 300. The applicant sought review of a decision concerning his eligibility for the visa. The core of the dispute revolved around whether the applicant and his sponsor genuinely intended to marry and live together as spouses, as required by the relevant migration regulations.

The Tribunal was required to determine whether the visa applicant genuinely intended to marry the sponsor and genuinely intended to live with her as her spouse, as stipulated by clause 300.211 and related provisions of Schedule 2 to the Migration Regulations. Specifically, the Tribunal had to assess the genuineness of the parties' intention to marry within the visa period, considering the evidence presented regarding their Nikkah ceremony and their ongoing commitment to their relationship.

The Tribunal found that the parties met several preliminary criteria for the visa, including their age and the sponsor's eligibility. Crucially, regarding the intention to marry within the visa period, the Tribunal accepted evidence that a Nikkah ceremony had taken place via video link on 2 June 2023, with the sponsor signing the marriage contract on 9 June 2023 upon her arrival in Lebanon. The Tribunal was satisfied that the parties genuinely intended to marry and continue to support each other financially, with plans to pool their resources upon marriage, and considered their relationship to be long-term with a mutual commitment to a shared life as spouses. Consequently, the Tribunal remitted the application for reconsideration, directing that the visa applicant met the specified criteria for a Subclass 300 visa.