- (g) she said the respondent told her that the marriage took place so as to improve the
respondent's prospects of obtaining valid residency in Australia.
58 The applicant was cross-examined about the respondent's status as a permanent resident. The following exchange occurred –
MR GRAY: And as far as – yes, I see. You then go on to say that you always believed he was an Australian permanent resident. Now, if that wasn't a matter that was an attraction factor for you, then why are you pointing that out at this point in your material?---I'm pointing it out because when I found out that the marriage was actually real, that was when he admitted to me that he was not a permanent resident, but rather, he was seeking asylum, and it would take a longer time, and that was why the marriage happened, because I never believed that the marriage was real.
So - - -
HIS HONOUR: Just one second. As far as you know, is the respondent seeking a protection visa? You say he's seeking asylum?---Yes.
In other words, he says he fears going back to his place of – that he came from. Is that right?---Yes.
Because he thinks he will be killed or subjected to some other problem?---Yes.
When did you find that out?---That was in February when I was about to apply for my own permanent residence, because as a [health professional], I have a streamlined process of applying for permanent residency, and my application was approved in January – towards end of January, and in February, I took a bit of time because I needed to come up with finances to pay for that. So when I was about to apply, that was when he came to me and asked me to put him as a dependent, and I was, like, no, that's not possible because we are not married.
Thank you.
MR GRAY: So if residency status was no part of the reason why you were involved in the relationship, why would you be furious to find out that he wasn't, in fact, a resident?---I'm not furious about him being a permanent resident or not. I'm furious with the fact that I didn't know that that was a real marriage, and the fact that he also lied from the beginning, and the fact that he also wanted me to add him in my application.
59 She maintained that she had no contact with the celebrant prior to the date of the ceremony in late December 2023.
60 She gave evidence that the respondent had not spoken to the applicant's parents.
61 She said her friend was present when the respondent proposed and the only two witnesses present at the impugned wedding ceremony were the photographer and a friend of the photographer.
