Ruprecht (Migration)

This matter concerned a review application before the Administrative Appeals Tribunal (Cth) regarding a decision to refuse a Prospective Marriage (Temporary) (Class TO) visa, subclass 300. The review applicant, who was the sponsor for the visa applicant, informed the Tribunal that he and the visa applicant had married in Vietnam after the delegate's decision but before the review application was finally determined.

The primary legal issue before the Tribunal was whether, in light of the marriage occurring after the initial refusal and prior to the final determination of the review, the Tribunal was required to remit the application to the Minister. This involved considering the validity of the foreign marriage for the purposes of the *Migration Act 1958* (Cth) and the application of regulation 2.08E of the *Migration Regulations 1994* (Cth).

The Tribunal reasoned that section 12 of the *Migration Act* directs that Part VA of the *Marriage Act 1961* (Cth) applies for the recognition of foreign marriages, subject to certain exceptions not relevant in this instance. As the marriage in Vietnam was recognised under local civil law and evidence of this marriage was provided, the Tribunal was satisfied that the marriage was valid for the purposes of the Act. Consequently, the Tribunal found that the requirements of regulation 2.08E(2A) were met.

In accordance with regulation 2.08E(2B), the Tribunal remitted the visa application to the Minister for reconsideration. The direction was that the application should also be treated as an application for a Partner (Migrant) (Class BC) visa and a Partner (Provisional) (Class UF) visa, made on the day of the remittal.