Vocaj (Migration)

The Administrative Appeals Tribunal considered an application for a Prospective Marriage (Temporary) (Class TO) visa (Subclass 300). The core dispute before the Tribunal was whether the parties genuinely intended to marry and to live together as spouses, as required by the relevant visa criteria.

The Tribunal was required to determine if the visa applicant continued to satisfy the criteria outlined in clauses 300.211, 300.214, 300.215, and 300.216 of Schedule 2 to the Regulations, and clause 300.221. These clauses necessitate that at the time of the visa application, the applicant intended to marry an eligible Australian citizen, permanent resident, or New Zealand citizen; that the parties had met in person and were personally known to each other; that they genuinely intended to marry within the visa period; and that they genuinely intended to live together as spouses. The Tribunal also had to consider whether these requirements continued to be met at the time of the decision.

The Tribunal found that the criterion in clause 300.211 was met, as the review applicant was an Australian permanent resident at all material times. Evidence, including departmental movement records and photographs, satisfied the Tribunal that the parties had met in person and were personally known to each other, thus meeting clause 300.214. A fully signed Notice of Intended Marriage and a letter from a minister confirmed a genuine intention to marry within the visa period, satisfying clause 300.215. However, the Tribunal did not make findings on all the remaining criteria, including the genuine intention to live together as spouses.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that the visa applicant met the criteria specified in clauses 300.211, 300.214, 300.215, and 300.216, and clause 300.221.