MAO (Migration)

The Administrative Appeals Tribunal considered an application for a Prospective Marriage (Temporary) (Class TO) visa (Subclass 300). The review applicant, an Australian citizen, sought to sponsor the visa applicant, a Cambodian citizen, to marry her in Australia. The primary dispute concerned whether the parties genuinely intended to live together as spouses, a key criterion for the visa.

The Tribunal was required to determine if the parties met the criteria for a Subclass 300 visa, specifically focusing on whether they genuinely intended to marry and live together as spouses. This involved assessing the totality of the evidence presented, including the parties' interactions, their communication, financial arrangements, and future plans, in light of the requirements of clauses 300.211, 300.214, 300.215, and crucially, 300.216 of Schedule 2 to the Migration Regulations.

The Tribunal found that the parties met several preliminary criteria, including intending to marry an eligible person, having met in person and being known to each other, and having a genuine intention to marry within the visa period. However, the delegate had previously been unconvinced about the genuine intention to live together as spouses, citing a lack of transactional evidence for a joint bank account, a perceived memorised response from the review applicant during an interview, and concerns about the authenticity of provided photographs. The Tribunal acknowledged these concerns but also noted that the parties had given their evidence in a reasonable and plausible manner.

Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration by the Minister. The Tribunal directed that the visa applicant met specific criteria, including clauses 300.211, 300.214, and 300.215, and that the secondary applicants met clause 300.312. The Tribunal's decision implies that while some concerns remained regarding the intention to live together, other criteria were met, necessitating further consideration of the application.