SABRA (Migration)

This matter concerned a review application before the Administrative Appeals Tribunal (AAT) concerning a decision to refuse a Prospective Marriage (Temporary) (Class TO) visa. The review applicant had applied for the visa, the Minister refused to grant it, and the sponsor subsequently applied to the Tribunal for a review of that decision.

The primary legal issue before the Tribunal was whether the visa application should be remitted to the Minister for reconsideration, given that the applicant and sponsor had married after the initial refusal and before the Tribunal's determination. Specifically, the Tribunal had to consider the application of regulation 2.08E of the *Migration Regulations 1994* (Cth) in circumstances where a marriage has occurred post-refusal but prior to the finalisation of a review application.

The Tribunal reasoned that regulation 2.08E(2A) mandates remission to the Minister if an applicant for a Prospective Marriage visa validly marries the sponsor after the refusal decision and notifies the Tribunal of this marriage before the review is finalised. The Tribunal was satisfied that the applicant and sponsor had married in Lebanon, and provided a marriage certificate as evidence. It also noted that foreign marriages recognised under local civil law are generally recognised in Australia under Part VA of the *Marriage Act 1961* (Cth), and that no exceptions were relevant in this instance. Accordingly, the Tribunal found that the requirements of regulation 2.08E(2A) were met.

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