MATTHEWS (Migration)

This matter concerned an application for review of a delegate's decision to refuse to grant a Prospective Marriage (Temporary) (Class TO) visa, subclass 300. The review applicant, who was the sponsor, applied to the Tribunal after the delegate's refusal. The Tribunal was advised that the parties had since married.

The primary legal issue before the Tribunal was whether, in light of the marriage occurring after the delegate's decision but before the Tribunal's determination, the visa application should be remitted to the Minister for reconsideration as an application for a spouse visa. This required the Tribunal to consider the validity of the marriage for the purposes of the *Migration Act 1958* (Cth) and the application of regulation 2.08E of the *Migration Regulations 1994* (Cth).

The Tribunal reasoned that regulation 2.08E mandates that if a visa applicant validly marries the sponsor after a decision to refuse a Prospective Marriage visa and notifies the Tribunal before the review is finalised, the application must be remitted to the Minister. This allows the applicant to be assessed for a spouse visa. The Tribunal applied section 12 of the *Migration Act*, which directs that Part VA of the *Marriage Act 1961* (Cth) applies for recognising foreign marriages, subject to certain exceptions not relevant here. The Tribunal was satisfied, based on the evidence of a marriage certificate from Romania, that the marriage was valid for the purposes of the Act.

Accordingly, the Tribunal remitted the visa application to the Minister for reconsideration, with the direction that it be taken also to be an application for a Partner (Migrant) (Class BC) visa and a Partner (Provisional) (Class UF) visa.