Russo (Migration)

This matter concerned an application for review of a decision not to grant Ms Hasnae Sarnane, a Moroccan citizen, a Prospective Marriage (Temporary) (Class TO) visa (subclass 300). The sponsor was Mr Aldo Russo, an Italian national and Australian permanent resident. The core dispute before the Tribunal was whether the parties had a genuine intention to live together as spouses, as required for the visa.

The Tribunal was required to determine if the evidence presented established a genuine and continuing relationship between Ms Sarnane and Mr Russo, and whether they genuinely intended to marry and live together as spouses. This involved assessing the credibility of the parties' claims and the weight to be given to the documentary and other evidence provided in support of their application.

The Tribunal affirmed the decision to refuse the visa. It noted that Mr Russo had admitted Ms Sarnane was "shocked" by his proposal, and that despite the parties claiming an engagement ceremony in Australia and a traditional party in Morocco, the evidence presented was insufficient to establish a genuine relationship. Crucially, the Tribunal highlighted that Mr Russo was married to another person, and Ms Sarnane was in a relationship with another person, which cast significant doubt on the genuineness of their claimed intention to marry each other. The Tribunal concluded that the visa applicant did not satisfy the criteria for the grant of the visa.