Vashevnik (Migration)

This matter concerned an appeal before the Tribunal regarding the refusal of a Prospective Marriage (Temporary) (Class TO) visa, Subclass 300. The applicant was a 24-year-old Russian national, and the review applicant was a 43-year-old Australian citizen. The parties met online in 2014 and met in person for the first time in July 2015. The visa was refused on 4 April 2017, following the review applicant advising the Department on 3 April 2017 that his relationship with the visa applicant had ended. The review applicant subsequently sought a review of this decision, expressing a desire to reinstate his sponsorship.

The Tribunal was required to determine whether the visa applicant met the time of application and time of decision criteria for the Subclass 300 visa. Specifically, the Tribunal considered whether the visa applicant intended to marry an eligible person (cl.300.211), whether the visa applicant was sponsored by the prospective spouse (cl.300.213) and if that sponsorship was still in force (cl.300.222), whether the parties had met and were known to each other personally since turning 18 (cl.300.214), and whether the parties genuinely intended to marry and intended to live together as spouses (cl.300.215 and cl.300.216). The Tribunal also considered the criteria relating to the time of decision, namely cl.300.221.

The Tribunal found that the visa applicant met several criteria at the time of application. It was satisfied that the visa applicant intended to marry the review applicant, who was an Australian citizen, thus meeting cl.300.211. The Tribunal also found that the parties had met and were known to each other personally since turning 18, satisfying cl.300.214. Regarding sponsorship, the Tribunal noted the review applicant's initial sponsorship and his subsequent desire to reinstate it, finding that the requirements of cl.300.222 were met. The Tribunal concluded that the matter should be remitted for reconsideration by the Minister, with a direction that the visa applicant met the criteria specified in cl.300.211, cl.300.214, cl.300.215, cl.300.216, cl.300.221, and cl.300.222.