Nguyen (Migration)

This matter concerned an application for a Prospective Marriage (Temporary) (Class TU) visa (Subclass 300) made by Mr Pham, a Vietnamese national, with his two sons as secondary applicants. The intended spouse was Ms Nguyen, an Australian citizen. The Tribunal was required to consider whether the parties genuinely intended to marry and live together as spouses, both at the time of application and at the time of the decision.

The primary legal issues before the Tribunal were whether the parties met the requirements of various clauses within Schedule 2 of the Migration Regulations 1994, specifically concerning the genuine intention to marry and the genuine intention to live together as spouses. The Tribunal also had to determine if the applicant intended to marry an eligible person, if the applicant was of age, if the applicant was sponsored as required, and if the parties had met in person and were known to each other personally.

The Tribunal found that the parties met several preliminary criteria, including that the intended spouse was an Australian citizen, that Mr Pham was over 18, that he was sponsored by Ms Nguyen who was also over 18, and that they had met in person and were known to each other personally. Crucially, regarding the genuine intention to marry, the Tribunal accepted that despite a revised proposed marriage date, the parties had a genuine intention to marry within the visa period, satisfying clause 300.215. However, the Tribunal did not make a finding on the genuine intention to live together, as this was not fully addressed in the provided text.

Given the findings made, the Tribunal remitted the application for reconsideration by the Minister, directing that Mr Pham met specific criteria for the Subclass 300 visa, including clauses 300.211 through 300.216 and 300.221, and that the secondary applicants met clause 300.311.