LE (Migration)

This matter concerned an application for review by the applicant of the delegate's decision to refuse to grant a Prospective Marriage (Temporary) (Class TO) visa. The applicant informed the Tribunal that she and the primary visa applicant had married overseas after the delegate's decision but before the review application was finally determined. The Tribunal was therefore required to consider the implications of this subsequent marriage on the review process.

The primary legal issue before the Tribunal was whether the circumstances of the parties' marriage after the visa refusal triggered the mandatory remission provisions under the *Migration Regulations 1994* (Cth). Specifically, the Tribunal had to determine if the marriage was validly recognised under Australian law and if the applicant had complied with the notification requirements. The Tribunal also considered the provisions of the *Marriage Act 1961* (Cth) regarding the recognition of foreign marriages.

The Tribunal reasoned that, pursuant to regulation 2.08E of the *Migration Regulations*, where a visa applicant validly marries the sponsor after a decision to refuse a Prospective Marriage visa and notifies the Tribunal of this marriage before the review is finalised, the application must be remitted to the Minister. The Tribunal was satisfied that the marriage in Vietnam was recognised as valid under Australian law, as it did not fall within any of the exceptions that would render it void. Consequently, the requirements of regulation 2.08E(2A) were met.

In accordance with regulation 2.08E(2B), the Tribunal remitted the visa application to the Minister for reconsideration. The direction was that the application be treated as also being an application for a Partner (Migrant) (Class BC) visa and a Partner (Provisional) (Class UF) visa, made on the day of remission.