Zeon (Migration)

This matter concerned an application for a Prospective Marriage (Temporary) (Class TO) visa, subclass 300. The applicant sought review of a decision made by the Tribunal. The core of the dispute revolved around whether the applicant and the sponsor genuinely intended to live together as spouses at the time of the visa application.

The Tribunal was required to determine whether the applicant and the sponsor had a mutual commitment to a shared life together as a married couple to the exclusion of all others. This involved assessing whether the criteria under clauses 300.211, 300.214, 300.215, and 300.216 of Schedule 2 to the Regulations were met at the time the visa application was made. Specifically, the Tribunal needed to consider if the applicant intended to marry an eligible person, if the parties had met personally and were known to each other, and if they genuinely intended to marry and live together as spouses.

The Tribunal found that the applicant met the criteria under clause 300.211, as the sponsor had become an Australian citizen and there was clear evidence of an intention to marry. It also accepted that the parties had met personally since turning 18, having first met in 1985 and re-established contact in 2010, with the applicant proposing marriage in 2014. The Tribunal noted the existence of two biological children from the union, which supported the genuineness of their relationship.

Consequently, the Tribunal remitted the applications for reconsideration by the Minister, with a direction that the primary applicant met the criteria under clauses 300.216 and 300.221. The Tribunal also directed that the secondary applicant's applications should be considered in light of the delegate's decision on the primary applicant's remaining criteria.