今天有个subclass 300 未婚妻签证的hearing , 客户是柬埔寨人，一切都正常进行，Member 问了一些他感兴趣的问题，当问到客户是否递交签证之后已经结婚。客户说已经结婚了。Member 说我们直接赢了，发回移民局重新按照subclass 309 进行审理。但是我就很担心了，虽然这个AAT appeal 赢了，不代表移民局会给我们subclass 309 签证。我强烈要求member 给我们多审查一下关系的真实性。
In accordance with Hui v Minister for Immigration and Citizenship  FMCA 486; Jin v Minister for Immigration and Citizenship  FMCA 540. 1414607 decisions, the Tribunal is empowered to determine an application by reference to a specified criterion which has not been addressed by the primary decision maker.
Since we have gone through a 2 hours hearing and also discussed four aspects of my clients’ genuiness of the relationship. As you can see, my client is not good at numbers and date, but she can give a consistent and vivid description of matters happened between them.
If it possible, can you also give a positive findings on the decision letter about the 309.211(2) and 309.223 in the decision letter as well?