Tursunovic (Migration)

The Administrative Appeals Tribunal considered an application for a Prospective Marriage (Temporary) (Class TO) visa, subclass 300. The applicant sought review of a decision not to grant the visa. The Tribunal was required to determine whether the parties genuinely intended to live together as spouses, as defined by section 5F of the Migration Act 1958 (Cth).

The Tribunal considered the definition of a married relationship, which requires a mutual commitment to a shared life as a married couple to the exclusion of all others, and that the couple live together or not permanently apart. While the parties' current status as spouses was not the sole focus, their intentions regarding the definition of spouse were relevant to assessing their aspirations. The Tribunal noted that the marriage ceremony, solemnised in accordance with Islamic law in Vietnam, was not recognised under the Australian Marriage Act 1961.

In its reasoning, the Tribunal found that while the sponsor had provided some financial support to the applicant, the limited period and amount of these transfers offered little insight into a broader pooling of resources. The Tribunal also noted the lack of evidence regarding the sharing of household tasks. Furthermore, the Tribunal considered the limited communication between the parties, who did not share a common language, and the time elapsed since their engagement. Based on these factors, the Tribunal concluded that the applicant did not satisfy the criteria for the grant of the visa. The Tribunal affirmed the decision not to grant the visa.