Nguyen (Migration)

This matter concerned an appeal by Mr Nguyen against the decision of the Department not to grant him a Prospective Marriage (Temporary) (Class TO) visa. The core of the dispute revolved around whether Mr Nguyen and Ms Dao genuinely intended to live together as spouses, both at the time of the visa application and at the time of the Tribunal's decision. The Tribunal, presided over by Scott Clarey, considered documentary evidence, additional submissions, and oral testimony from the applicant, the sponsor, and two witnesses.

The primary legal issue before the Tribunal was to determine the credibility of the evidence presented by Mr Nguyen and Ms Dao, particularly in light of inconsistencies and vagueness in their claims. Specifically, the Tribunal was required to assess whether the parties had established a genuine spousal relationship, a key criterion for the Prospective Marriage visa. This assessment involved scrutinising the parties' accounts of their relationship's origins, development, and the sponsor's personal history, including previous marriages.

The Tribunal found significant credibility issues arising from Mr Nguyen's testimony. He was frequently evasive, hesitant, and vague when answering direct questions, often responding off-point or failing to provide specific information. His oral evidence regarding his three previous marriages was particularly problematic, characterised by confusion and contradictions, and he was unable to recall key dates or details with certainty. For instance, while he claimed his first divorce was around 2000, a divorce order indicated it was finalised on 15 July 2000. Similarly, his accounts of his second and third marriages and their dissolution also contained uncertainties regarding dates and circumstances, with documentary evidence often clarifying or contradicting his statements. These credibility concerns led the Tribunal to conclude that Ms Dao did not satisfy the criteria for the visa.

Consequently, the Tribunal affirmed the decision not to grant the visa applicant a Prospective Marriage (Temporary) (Class TO) visa.