Latta (Migration)

The Administrative Appeals Tribunal (AAT) considered an application for review concerning a Prospective Marriage (Temporary) (Class TO) visa, subclass 300. The applicant sought to have set aside the decision not to grant this visa.

The central legal issue before the Tribunal was whether the applicant met the eligibility criteria for the Prospective Marriage visa, specifically the requirement that the parties to the proposed marriage must have met each other personally. The Tribunal also had to consider the impact of the applicant's inability to travel long distances due to medical evidence on this criterion.

The Tribunal's reasoning focused on the express wording of the visa requirements. It found that the applicant and their prospective spouse had never met in person, which directly contravened the mandatory criterion that the parties must have met personally. While acknowledging the applicant's medical condition and the associated travel difficulties, the Tribunal concluded that these circumstances did not provide a basis to waive or excuse compliance with this fundamental eligibility requirement. Consequently, the Tribunal affirmed the decision not to grant the visa.