Ma (Migration)

This matter concerned an application for Prospective Marriage (Temporary) (Class TO) visas, subclass 300. The applicant was a secondary applicant, and the primary applicant, Mr Saret Phon, had since been granted a Subclass 820 Partner visa. The decision under review was affirmed by the Tribunal.

The central legal issue before the Tribunal was whether the visa applicants met the criteria for the grant of a Subclass 300 visa, specifically clause 300.321, which requires the applicant to be a member of the family unit of a person who holds a Subclass 300 visa and has satisfied the primary criteria.

The Tribunal reasoned that because the primary applicant, Mr Phon, now held a Subclass 820 Partner visa, the secondary applicants were no longer members of the family unit of a person holding a Subclass 300 visa. Consequently, they could not satisfy the requirements of clause 300.321. The Tribunal found that the visa applicants did not satisfy the criteria for the grant of the visa.

The Tribunal affirmed the decision not to grant the visa applicants Prospective Marriage (Temporary) (Class TO) visas.