Vo (Migration)

This matter concerned a review application made to the Tribunal by the sponsor of a Prospective Marriage (Temporary) (Class TO) visa. The primary visa applicant and the sponsor had applied for this visa, but the delegate refused to grant it. The sponsor sought review of these decisions.

The central legal issue before the Tribunal was whether regulation 2.08E of the *Migration Regulations 1994* (Cth) applied, given that the primary visa applicant and the sponsor had married after the delegate's decision but before the Tribunal's final determination. The Tribunal was required to consider if the marriage was valid for the purposes of the *Migration Act 1958* (Cth) and if the notification requirements of the regulations had been met.

The Tribunal reasoned that where a marriage occurs after a refusal of a Prospective Marriage visa and is notified to the Tribunal before the review is finalised, regulation 2.08E mandates that the application be remitted to the Minister. This allows the application to be treated as one for a Partner (Migrant) (Class BC) and a Partner (Provisional) (Class UF) visa. The Tribunal found that the applicants had married in Vietnam, provided a marriage certificate as evidence, and that this foreign marriage was recognised as valid under Australian law, specifically Part VA of the *Marriage Act 1961* (Cth). As the requirements of regulation 2.08E(2A) were met, the Tribunal was obliged to remit the application.

Consequently, the Tribunal remitted the visa application to the Minister for reconsideration, directing that it be taken as an application for a Partner (Migrant) (Class BC) visa and a Partner (Provisional) (Class UF) visa, made on the day of the remittal.