Mohsin (Migration)

This matter concerned a review application before the Migration Review Tribunal concerning a refusal to grant a Prospective Marriage (Temporary) (Class TO) visa, subclass 300. The review applicant, who was the sponsor, sought review of the delegate's decision. Crucially, the parties married after the delegate's decision and before the Tribunal had finally determined the review application.

The primary legal issue before the Tribunal was whether, in light of the parties' subsequent marriage, the visa application should be remitted to the Minister for reconsideration as an application for a spouse visa. This required the Tribunal to determine if the marriage was valid for the purposes of the *Migration Act 1958* (Cth) and if the conditions under regulation 2.08E of the *Migration Regulations 1994* (Cth) were met.

The Tribunal applied regulation 2.08E, which mandates remission of a prospective marriage visa application to the Minister if the applicant validly marries the sponsor after the refusal decision and before the review is finalised. The Tribunal considered section 12 of the *Migration Act 1958* (Cth) and Part VA of the *Marriage Act 1961* (Cth) in assessing the validity of the marriage solemnised in Iraq. Finding that the marriage was valid under Iraqi civil law and that no exceptions to recognition applied, the Tribunal was satisfied that the requirements of regulation 2.08E(2A) were met.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, directing that it be taken also to be an application for a Partner (Migrant) (Class BC) visa and a Partner (Provisional) (Class UF) visa, made on the day of remission.