Nguyen (Migration)

This matter concerned an appeal before the Tribunal regarding an application for a Prospective Marriage (Temporary) (Class TO) visa, subclass 300. The applicant, Ms Ngo, sought to marry Mr Nguyen, an Australian citizen. A key issue was whether Ms Ngo and Mr Nguyen genuinely intended to live together as spouses following their marriage, and whether Mr Pham, Ms Ngo's son, was a member of Ms Ngo's family unit and a dependent child.

The Tribunal was required to determine if the applicants met the criteria for the subclass 300 visa, specifically focusing on the genuine intention to marry and live together as spouses, and the dependency status of Mr Pham. The Tribunal considered various clauses of the regulations, including those relating to the applicant's intention to marry an Australian citizen, age requirements, sponsorship eligibility, and the requirement for the parties to have met in person and known each other personally.

The Tribunal found that while some aspects of the applicants' account of their meeting and engagement raised doubts, particularly regarding potential family arrangements, the core requirements of clauses 300.211, 300.212A, 300.212, 300.213, 300.214, and 300.215 of the Regulations were met. Crucially, the Tribunal determined that Mr Pham was wholly or substantially reliant on Ms Ngo for financial support and was therefore her dependent child, continuing to be a member of her family unit.

Consequently, the Tribunal remitted the application for reconsideration by the Minister. The Tribunal directed that Ms Ngo met all criteria under cl.300.21 and cl.300.221, and that Mr Nguyen met all criteria under cl.300.31 of Schedule 2 to the Regulations.