Ma (Migration)

This matter concerned an application for review of a decision regarding a Prospective Marriage (Temporary) (Class TO) visa, subclass 300. The applicant, a 27-year-old Vietnamese citizen, sought to marry her sponsor, a 30-year-old Australian-born citizen. The Tribunal, constituted by P. Maishman, was tasked with determining whether the parties genuinely intended to marry within the visa period and whether they genuinely intended to live together as spouses.

The Tribunal was required to assess the genuineness of the parties' intention to marry and their intention to live together as spouses, in accordance with clause 300.215 of Schedule 2 to the Regulations. This involved considering the documentary evidence provided, including flight itineraries, photographs, communication records, bank statements, and property purchase documents, as well as the oral evidence given by the applicant and sponsor.

The Tribunal found the applicant and sponsor to be credible and honest witnesses, accepting their oral evidence as consistent, yet distinct enough to appear authentic. The parties indicated an intention to have a traditional ceremony at home followed by a reception at a winery, with wedding rings obtained and the applicant's dress being made. They had not yet booked a venue due to visa uncertainty but expressed confidence in their ability to arrange the wedding within the visa period. The Tribunal also noted evidence of a genuine intention to live together as spouses, including regular communication, a joint bank account, and a joint contribution to property purchase.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the visa applicant met the criteria under clause 300.215 and 300.216 of Schedule 2 to the Regulations.