White (Migration)

This matter concerned an application for a Prospective Marriage (Temporary) (Class TO) visa, Subclass 300. The review applicant, an Australian citizen, sought review of a decision concerning his fiancée, a citizen of India, who had applied for the visa. The Tribunal considered evidence including photographs, travel documents, communication records, and statutory declarations from both parties.

The primary legal issue before the Tribunal was whether the visa applicant and the review applicant had met in person since each turned 18 and were known to each other personally, as required by clause 300.214 of Schedule 2 to the Migration Regulations. The Tribunal was satisfied that both parties were over 18 years of age at all relevant times.

The Tribunal found, based on the substantial documentation provided, including statutory declarations from both parties, airline tickets for travel between Australia and India, and records of communication, that the parties had indeed met in person on 12 May 2015 and had become engaged shortly thereafter. The Tribunal concluded that the visa applicant met the criteria under clause 300.214. Consequently, the Tribunal remitted the application for reconsideration by the Minister, with a direction that this specific criterion had been met.