NGUYEN (Migration)

The Administrative Appeals Tribunal considered the case of a Vietnamese national and his two children seeking a Prospective Marriage (Temporary) (Class TO) visa, subclass 300. The sponsor, an Australian citizen, was the intended spouse of the primary applicant. The Tribunal's task was to determine whether the decision to refuse the visa should be affirmed.

The central legal issue before the Tribunal was whether the applicant and the sponsor genuinely intended to marry and live together as spouses, as required by the criteria for a subclass 300 visa. This involved assessing whether the parties met personally, knew each other, and had a genuine intention to marry and subsequently live together. The Tribunal was required to consider the evidence presented in light of these criteria.

The Tribunal found that while the parties had met and were known to each other personally, and there was an intention to marry as evidenced by a Notice of Intended Marriage, there was insufficient evidence to establish a genuine intention to marry and live together as spouses. Factors contributing to this conclusion included the sponsor's last in-person contact with the applicant being in 2016, a lack of shared finances, limited international visits, and the proposed marriage not being shared with acquaintances. The Tribunal noted the absence of evidence regarding arrangements for the marriage ceremony or celebrations in Australia. Consequently, the Tribunal affirmed the decision not to grant the visa.