Nguyen (Migration)

This matter concerned an application for a Prospective Marriage (Temporary) (Class TO) visa, subclass 300. The applicant, a Vietnamese national, sought to marry the sponsor, an Australian citizen. The delegate who initially considered the application was not satisfied that the evidence demonstrated a genuine intention to marry, leading to the review by the Tribunal.

The Tribunal was required to determine whether the parties genuinely intended to marry, had met in person and were known to each other personally, and intended to live together as spouses. Specifically, the Tribunal considered whether the applicant intended to marry an eligible person, whether they had met in person since turning 18, and whether they had a genuine intention to marry within the visa period. The Tribunal also considered the requirement that the parties genuinely intended to live together as spouses.

The Tribunal found that the parties met the criteria for intending to marry an eligible person, having lodged a Notice of Intended Marriage. It was also satisfied that they had met in person and were known to each other personally, having met in Vietnam on multiple occasions. The Tribunal accepted that the parties had a genuine intention to marry and that the proposed marriage was intended to take place within the visa period, acknowledging that specific arrangements would be made once the visa was granted. However, the Tribunal did not make a finding on the intention to live together as spouses.

Consequently, the Tribunal remitted the application for reconsideration. It directed that the first named visa applicant met several criteria, including those relating to the intention to marry and meeting in person. The application was remitted for reconsideration of the secondary criteria for the second named visa applicant.