Patten (Migration)

This matter concerned an appeal by the visa applicant and two other applicants against a decision concerning applications for Prospective Marriage (Temporary) (Class TO) visas, Subclass 300. The primary issues before the Tribunal were whether the parties genuinely intended to marry within the visa period and whether they genuinely intended to live together as spouses, a criterion that must continue to be satisfied at the time of the decision.

The Tribunal was required to determine if the parties had a genuine intention to marry and to live together as spouses at the time of the visa application. This involved assessing the validity of their engagement, their plans for marriage, and their intention to cohabit. The Tribunal also had to consider the evidence presented regarding their relationship, including details of their meeting, engagement, and proposed wedding arrangements, as well as any prior marital history or personal circumstances of the sponsor.

The Tribunal considered the evidence, including a Notice of Intended Marriage lodged with an intended marriage date. It noted that the parties had held an engagement ceremony and reception in Vietnam, which they perceived as their wedding, despite not having signed a marriage certificate or registered their marriage in Vietnam. The parties stated they intended to register their marriage in Australia. The Tribunal concluded that the matter should be remitted for reconsideration, directing that the first visa applicant met certain criteria for the visa, and that the other applicants should be considered against the relevant criteria.