Khen (Migration)

The Administrative Appeals Tribunal (AAT) considered an application by Khen concerning a Prospective Marriage (Temporary) (Class TO) visa, subclass 300. The dispute centred on whether the applicant had provided sufficient evidence to satisfy the requirement of an impediment to marriage under Australian law, specifically regarding their marital status.

The primary legal issue before the Tribunal was whether the Kingdom of Cambodia Certificate of Celibacy and Single Status Certificate constituted adequate proof of the applicant's eligibility for the visa, particularly in relation to the requirement that there be no impediment to the marriage under Australian law.

The Tribunal determined that a hearing was not necessary, as it could find in favour of the applicant based on the existing material. Pursuant to section 360(2)(a) of the Migration Act 1958 (Cth), the Tribunal remitted the application for reconsideration. The direction was that the visa applicant meets the requirements of clause 300.221A of Schedule 2 to the Migration Regulations 1994 (Cth) for the grant of the visa.