Soueid (Migration)

This matter concerned a review application before the Tribunal by a sponsor of a Prospective Marriage (Temporary) (Class TO) visa, subclass 300. The original decision under review was the refusal to grant the visa. The key development during the review process was that the visa applicant and the sponsor had married after the delegate's decision but before the Tribunal's final determination of the review application.

The Tribunal was required to determine whether the circumstances of the parties marrying after the refusal and before the review was finalised triggered specific provisions of the *Migration Regulations 1994*. Specifically, the Tribunal needed to consider if the marriage was valid for the purposes of the *Migration Act 1958* and if the notification of this marriage to the Tribunal met the requirements of the Regulations.

The Tribunal applied regulation 2.08E of the *Migration Regulations 1994*, which mandates that if a visa applicant validly marries their sponsor after a refusal decision and before the review is determined, the Tribunal must remit the application to the Minister. This remission is to be accompanied by a direction that the application be treated as also being for a Partner (Migrant) (Class BC) visa and a Partner (Provisional) (Class UF) visa. The Tribunal considered section 12 of the *Migration Act 1958* and Part VA of the *Marriage Act 1961*, which provide for the recognition of foreign marriages validly solemnised under local civil law, subject to certain exceptions. The Tribunal was satisfied that the marriage, solemnised in Lebanon and evidenced by a certificate from the Lebanese Republic Ministry of Interior and Municipalities, was valid for the purposes of the Act.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration. The direction was that the application should be treated as also being for a Partner (Migrant) (Class BC) visa and a Partner (Provisional) (Class UF) visa, with the application date deemed to be the day of remission.