Quach (Migration)

The Administrative Appeals Tribunal considered an application for a Prospective Marriage (Temporary) (Class TO) visa made by a visa applicant from Vietnam, sponsored by an Australian citizen. The core dispute concerned whether the parties genuinely intended to live together as spouses, as required by the visa criteria.

The Tribunal was required to determine if the evidence presented demonstrated that the visa applicant and the sponsor genuinely intended to live together as spouses at the time of the visa application. This involved an assessment of the nature of their relationship and their aspirations for a shared life as a married couple, in accordance with the definition of "spouse" under section 5F of the Migration Act 1958 (Cth).

The Tribunal found that the evidence did not sufficiently demonstrate a genuine intention to live together as spouses. While the parties had met and become engaged, the Tribunal noted inconsistencies in their accounts of how they met and developed their relationship. The Tribunal concluded that the applicant had not satisfied the criteria for the grant of the visa, and therefore affirmed the decision not to grant the Prospective Marriage (Temporary) (Class TO) visas.