Moustafa (Migration)

This matter concerned a review application before the Tribunal by a prospective spouse regarding a decision to refuse a Prospective Marriage (Temporary) (Class TO) visa. The Tribunal was advised that the parties had since married.

The primary legal issue before the Tribunal was whether, in light of the parties' subsequent marriage and notification to the Tribunal, the visa application should be remitted to the Minister for reconsideration as an application for partner visas, pursuant to regulation 2.08E of the Migration Regulations 1994. This required the Tribunal to determine if the marriage was valid for the purposes of the Migration Act 1958.

The Tribunal reasoned that regulation 2.08E mandates remission to the Minister if a visa applicant marries the sponsor after a refusal decision and before the review is determined, provided the marriage is notified to the Tribunal. Section 12 of the Migration Act, read with Part VA of the Marriage Act 1961, provides that foreign marriages recognised under local civil law are generally recognised in Australia, subject to specific exceptions not relevant here. The Tribunal was satisfied, based on the provided Lebanese Marriage Certificate, that the marriage was valid.

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.