Nguyen (Migration)

The case of *Nguyen (Migration)* concerned an application for a Prospective Marriage (Temporary) (Class TO) visa, subclass 300. The applicant sought to marry the sponsor, and the central dispute revolved around whether the parties genuinely intended to marry and live together as spouses, as required by section 5F of the *Migration Act 1958* (Cth). The matter came before the Tribunal for review.

The Tribunal was required to determine whether the parties had a mutual commitment to a shared life, a genuine and continuing relationship, and whether they intended to live together or not live separately and apart on a permanent basis, both at the time of application and at the time of the decision. This involved assessing various factors, including the nature of their commitment, financial aspects of their relationship, the nature of their household, and the social aspects of their relationship, as outlined in regulation 1.15A(3).

In its reasoning, the Tribunal considered the parties' oral evidence and documentary submissions. It noted the sponsor's travel history to Vietnam, her previous marriage sponsorships, and the applicant's child in Vietnam. The Tribunal also examined the details of the proposed marriage, including the date and location, and the parties' statements regarding their living arrangements in Australia. While acknowledging the short duration of cohabitation and the lack of joint finances, the Tribunal found that the parties had always intended to marry, a decision that was ultimately influenced by the birth of their child. The Tribunal accepted evidence of their engagement ceremony and the representation of their relationship to family and friends.

Ultimately, the Tribunal found that the visa applicant met certain criteria for the subclass 300 visa. Consequently, the Tribunal remitted the application for the visa to the Minister for reconsideration, with a direction that the visa applicant met specific criteria under Schedule 2 of the Regulations.