May (Migration)

This matter concerned an application for a Prospective Marriage (Temporary) (Class TO) visa, Subclass 300. The applicant sought review of a decision concerning their eligibility for this visa. The primary issue before the Tribunal was whether the parties genuinely intended to live together as spouses and whether the visa applicant genuinely intended to marry an eligible person.

The Tribunal was required to determine if the parties met the requirements of various clauses within Schedule 2 of the Regulations, specifically concerning the genuine intention to marry, having met in person, and the intention to live together as spouses. The definition of "spouse" under section 5F of the Migration Act 1958 (Cth) was central to assessing the parties' intentions regarding their future married life.

The Tribunal found that the parties met the criteria relating to their intention to marry an eligible person (cl.300.211), having met in person (cl.300.214), and their genuine intention to marry within the visa period (cl.300.215). The Tribunal accepted that the parties intended to organise the wedding ceremony after the visa was granted, given the flexibility in planning and the desire for a simple ceremony. The Tribunal also considered the definition of spouse in assessing the parties' aspirations for their future married life.

Ultimately, the Tribunal concluded that the matter should be remitted for reconsideration. The Tribunal directed that the visa applicant met the criteria under cl.300.211, cl.300.214, cl.300.215, cl.300.216, and cl.300.221 of Schedule 2 to the Regulations.