Yldh (Migration)

This matter concerned an application for review of a decision to refuse a Prospective Marriage (Temporary) (Class TO) visa. The review applicant, who was the sponsor, applied to the Tribunal after the delegate's decision. The central issue was whether the Tribunal was required to remit the visa application to the Minister for reconsideration, given that the visa applicant and the sponsor had married after the initial refusal and before the Tribunal's determination.

The Tribunal was required to determine if the circumstances met the requirements of regulation 2.08E of the Migration Regulations 1994. Specifically, it needed to ascertain whether the visa applicant had validly married the sponsor after the delegate's decision and before the review application was finally determined, and whether this marriage was recognised as valid for the purposes of the Migration Act 1958. The Tribunal also considered the provisions of section 12 of the Migration Act and Part VA of the Marriage Act 1961 regarding the recognition of foreign marriages.

The Tribunal found that the visa applicant and the sponsor had married in France after the delegate's decision and that the Tribunal had been notified of this marriage. Evidence of the marriage was provided. The Tribunal was satisfied that the marriage was recognised as valid for the purposes of the Act, as it did not fall within any of the exceptions to recognition under Part VA of the Marriage Act. Consequently, the requirements of regulation 2.08E(2A) were met.

In accordance with regulation 2.08E(2B), the Tribunal remitted the visa application to the Minister for reconsideration. The direction was that the application should also be taken to be an application for a Partner (Migrant) (Class BC) visa and a Partner (Provisional) (Class UF) visa, made on the day the application was remitted.