Seifeddine (Migration)

This matter concerned an application for review by the review applicant of a decision to refuse to grant a Prospective Marriage (Temporary) (Class TO) visa, subclass 300. The Tribunal was advised that the parties had since married.

The primary legal issue before the Tribunal was whether, in light of the parties' subsequent marriage, the visa application should be remitted to the Minister for reconsideration as an application for a Partner visa. This required the Tribunal to determine if the marriage was validly recognised under Australian law and if the procedural requirements for remission under the Migration Regulations 1994 were met.

The Tribunal reasoned that regulation 2.08E of the Migration Regulations 1994 mandates remission of a Prospective Marriage visa application to the Minister for reconsideration if the applicant validly marries the sponsor after the initial decision and before the review is finalised. Section 12 of the Migration Act 1961, read with Part VA of the Marriage Act 1961, provides for the recognition of foreign marriages solemnised under local civil law, subject to certain exceptions not relevant here. The Tribunal was satisfied, based on the provided marriage certificate from Lebanon, that the marriage was validly recognised for the purposes of the Act. Consequently, the requirements of regulation 2.08E(2A) were met.

Accordingly, 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.