Vo (Migration)

This matter concerned a review application made to the Tribunal by a sponsor regarding a decision to refuse a Prospective Marriage (Temporary) (Class TO) visa, subclass 300. The Tribunal was advised that the visa applicant and the sponsor had since validly married.

The primary legal issue before the Tribunal was whether regulation 2.08E of the Migration Regulations 1994 (Cth) applied, which mandates the remission of a Prospective Marriage visa application to the Minister for reconsideration if the applicant validly marries the sponsor after the refusal decision and before the review is determined. The Tribunal also considered the recognition of foreign marriages under Australian law, specifically Part VA of the Marriage Act 1961 (Cth).

The Tribunal reasoned that the visa applicant had married the sponsor in Vietnam after the delegate's decision but before the review was finalised. Evidence of this marriage, including a registered certificate, was provided. The Tribunal found that this foreign marriage was recognised under local civil law and therefore valid for the purposes of the Migration Act, satisfying the conditions of regulation 2.08E(2A). Consequently, the Tribunal was required by regulation 2.08E(2B) to remit the application.

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