Sabi (Migration)

This matter concerned an application for review of a decision to refuse a Prospective Marriage (Temporary) (Class TO) visa, subclass 300. The review applicant informed the Tribunal that the visa applicant and the sponsor had married in Pakistan after the delegate's decision but before the review application was finally determined. The Tribunal was required to consider the implications of this subsequent marriage on the review process.

The primary legal issue before the Tribunal was whether regulation 2.08E of the Migration Regulations 1994 (Cth) applied, which mandates the remittal of a prospective marriage visa application to the Minister for reconsideration as a partner visa application if the applicant validly marries the sponsor during the review period. The Tribunal also considered the validity of the foreign marriage under Australian law, referencing Part VA of the Marriage Act 1961 (Cth) and section 12 of the Migration Act 1958 (Cth).

The Tribunal reasoned that since the visa applicant had married the sponsor after the delegate's decision and before the determination of the review application, and had notified the Tribunal of this marriage, the conditions of regulation 2.08E(2A) were met. The Tribunal was satisfied that the marriage was valid for the purposes of the Act, as it was recognised under Pakistani civil law and did not fall within any of the exceptions that would render it void under Part VA of the Marriage Act. Consequently, the Tribunal was obliged under regulation 2.08E(2B) to remit the application.

The Tribunal remitted the visa application to the Minister for reconsideration, with the direction that it be taken also to be an application for a Partner (Migrant) (Class BC) visa and a Partner (Provisional) (Class UF) visa, made on the day of remittal.