Khuu (Migration)

This matter concerned an application for a Prospective Marriage (Temporary) (Class TO) visa, subclass 300. The core dispute before the Tribunal was whether the parties genuinely intended to live together as spouses at the time of the visa application and at the time of the decision. The Tribunal was required to assess the credibility of the evidence presented by the visa applicant and the sponsor, given their differing accounts on several key aspects of their relationship.

The Tribunal was tasked with determining if the parties met the requirements of clause 300.216 of the Migration Regulations 1994, which mandates that applicants genuinely intend to live together as spouses. This involved considering the definition of a spousal relationship under section 5F of the Migration Act 1958, which requires a mutual commitment to a shared life as a married couple to the exclusion of all others, a genuine and continuing relationship, and cohabitation or not living permanently apart. The Tribunal also had regard to considerations for spousal relationships outlined in regulation 1.15A(3).

The Tribunal's reasoning focused on significant inconsistencies in the evidence provided by the parties. These discrepancies related to their living arrangements in Vietnam, details of their engagement, the visa applicant's working hours, and the payment method for their proposed wedding. The Tribunal found that these inconsistencies raised credibility concerns, leading it to doubt the parties' claims about their commitment to the relationship. Despite acknowledging that the parties were known to each other and that the sponsor had visited Vietnam, the Tribunal was not satisfied that they demonstrated knowledge of each other broadly consistent with a couple intending to live as spouses. Consequently, the Tribunal concluded that the parties had not satisfied the criteria for the visa.

For the reasons outlined, the Tribunal affirmed the decision not to grant the Prospective Marriage (Temporary) (Class TO) visas to the applicants.