Zaidi (Migration)

This matter concerned an application for a Prospective Marriage (Temporary) (Class TO) visa, subclass 300, made by Ms Zehra to the Administrative Appeals Tribunal. The primary issue before the Tribunal was whether Ms Zehra and her intended spouse, Mr Zaidi, genuinely intended to marry and live together as spouses at the time of the visa application and at the time of the Tribunal's decision.

The Tribunal was required to determine whether the parties met the specific criteria for a subclass 300 visa, including whether Ms Zehra intended to marry an eligible person, was over 18 years of age, was sponsored by Mr Zaidi, had met and were known to each other personally, and genuinely intended to marry within the visa period. The Tribunal also considered whether the parties genuinely intended to live together.

In its reasoning, the Tribunal found that the parties met several key criteria, including that Mr Zaidi was an Australian permanent resident, Ms Zehra was over 18, she was sponsored by Mr Zaidi, and they had met and were known to each other personally. Crucially, the Tribunal accepted evidence of a genuine intention to marry, including a notice of intended marriage lodged with a celebrant for a ceremony scheduled within the visa period, and consistent oral evidence from both parties. The Tribunal distinguished between the criteria for granting the visa and the conditions that apply once a visa is granted, noting that concerns about adherence to visa conditions did not preclude the grant of the visa.

Consequently, the Tribunal remitted the application for reconsideration by the Minister, directing that Ms Zehra met the specified criteria for the subclass 300 visa, including clauses 300.211, 300.212A, 300.213, 300.214, 300.215, 300.216, and 300.221 of Schedule 2 to the Regulations.