Sesay (Migration)

This matter concerned an application for a Prospective Marriage (Temporary) (Class TO) visa, subclass 300, brought by Mr. Sesay. The applicant sought review of a decision made by the Department of Home Affairs concerning his visa application. The core of the dispute revolved around whether the evidence provided in support of his relationship with his prospective spouse was credible and consistent, and whether there was a genuine intention for them to live together.

The Tribunal was required to determine whether the applicant had satisfied the criteria for the subclass 300 visa, specifically in relation to the genuineness and credibility of the relationship. This involved assessing the additional evidence submitted, including the fact that the couple had children together and the provision of a DNA test, to ascertain if it sufficiently demonstrated a genuine intention to marry and live together.

The Tribunal found that the additional evidence, particularly the DNA test confirming parentage and the existence of children, supported the applicant's claim of a genuine and continuing relationship. Consequently, the Tribunal remitted the application to the Minister for reconsideration, with a direction that the applicant met the criteria under cl.300.216 of Schedule 2 to the Regulations. The Minister was therefore to consider the remaining criteria for the grant of the visa.