San (Migration)

This matter concerned an application for a Prospective Marriage (Temporary) (Class TO) visa, Subclass 300, before the Tribunal. The applicant sought to demonstrate a genuine intention to marry within the visa period and to continue to satisfy the relevant criteria at the time of decision.

The Tribunal was required to determine whether the applicant and their partner genuinely intended to marry, as stipulated by clause 300.215 of Schedule 2 to the Regulations, and whether the applicant continued to satisfy the criteria outlined in clause 300.221 at the time of the decision. Clause 300.215 requires a genuine intention to marry and that the marriage is intended to take place within the visa period, while clause 300.221 mandates that the applicant continues to satisfy criteria including an intention to marry an Australian citizen, permanent resident or eligible New Zealand citizen, personal acquaintance, genuine intention to marry within the visa period, and a genuine intention to live together as spouses.

The Tribunal found that the applicant had provided a notice from a Civil Marriage Celebrant indicating a planned marriage ceremony within the visa period, satisfying clause 300.215. Furthermore, the Tribunal concluded that the applicant continued to meet the requirements of clause 300.221, as they intended to marry an Australian citizen, had met and known each other personally, genuinely intended to marry within the visa period, and intended to live together as spouses.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that the first named visa applicant met the criteria under clause 300.221 and that the other named visa applicants met the criteria under clause 300.321 of Schedule 2 to the Regulations.