McKenzie (Migration)

This matter concerned an application for a Prospective Marriage (Temporary) (Class TO) visa, subclass 300. The applicant sought review of a delegate's decision before the Administrative Appeals Tribunal.

The Tribunal was required to determine whether the applicant continued to satisfy the criteria for the visa at the time of the delegate's decision, specifically focusing on clauses 300.211, 300.214, 300.215, and 300.216 of Schedule 2 to the Regulations. A key issue was whether the parties genuinely intended to marry and intended to do so within the visa period, given that the initial Notice of Intended Marriage had expired before the delegate's decision.

The Tribunal found that the applicant met the criteria under cl 300.211 (intention to marry an eligible person) and cl 300.214 (having met in person and being known to each other personally) at the time of application. Regarding cl 300.215, the Tribunal noted that while the original Notice of Intended Marriage had expired, an updated notice and a letter from a marriage celebrant confirmed the parties' genuine intention to marry and that the proposed marriage date fell within the visa period. Consequently, the Tribunal concluded that the requirements of cl 300.215 were met.

The Tribunal remitted the application for reconsideration by the Minister, directing that the visa applicant met the criteria under cl 300.215 and cl 300.221 of Schedule 2 to the Regulations.