OSMAN (Migration)

This matter concerned an application for a Prospective Marriage (Temporary) (Class TO) visa (subclass 300) made by Mr Abdulrazzak Alothman, the applicant, who sought to marry Ms Ibithaj Osman, an Australian citizen and the sponsor. The case came before the Tribunal for reconsideration of the applicant's claims and evidence.

The central legal issues before the Tribunal were whether the applicant met the requirements of clauses 300.216 and 300.221 of Schedule 2 to the Regulations, which relate to the intention to marry and the genuine and continuing nature of the relationship. The Tribunal also considered whether the applicant intended to marry an eligible person under clause 300.211 and whether the applicant had attained the age of 18 at the time of application, as required by clause 300.212A.

The Tribunal found that the applicant and sponsor had provided straightforward, consistent, and credible evidence, which was corroborated by two witnesses. The Tribunal accepted that the applicant intended to marry the sponsor, an Australian citizen, satisfying clause 300.211. It was also established that the applicant was born on 10 December 1995 and had turned 18 by the time of application on 14 October 2014, meeting clause 300.212A. The Tribunal noted the couple met in Lebanon, became engaged shortly after, and had lodged a Notice of Intended Marriage for a ceremony scheduled for 10 December 2017. They maintained regular communication, and the sponsor was actively preparing for the wedding.

The Tribunal concluded that the matter should be remitted for reconsideration, indicating that while some criteria were met, further consideration of clauses 300.216 and 300.221 was necessary.