LAWS8170 Applied Migration Law

Question:

Stella from Ireland met Joel, who was in Ireland on vacation.

Joel, an Australian citizen, lives in Bondi.

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Soon after meeting, they began a relationship.

Stella received a twelve-month Visitor (Class F) visa (subclass 600) in October 2016. It had condition 8503 attached.

She arrived in Australia on November 2016.

Joel and Stella continued their relationship, and they moved in together.

On 1 April 2017, they were married at a small ceremony on Bondi beach, Sydney.

Bondi Rescue will show a clip from the ceremony with their consent.

Today, Stella’s immigration status was discussed by the couple.

Stella’s visa is due to expire in 2 weeks. She desperately wants to remain here.

Joel had a long-standing psychiatric condition which required treatment over many years. This was revealed during the first meeting.

Stella’s departure from Australia could have exacerbated Joel’s condition. He cannot work as a Lifeguard anymore and may lose his Bondi Rescue job.

They also fear that the tabloids might find out and publish the story, which could make things worse for Joel.

Stella and Joel moved into Joel’s parents home, and Stella is responsible for Joel’s care.

Joel’s parents are no longer able to care for him.

His deterioration is being monitored by his psychologist and treating doctors.

Joel and Stella are hopeful that Stella will be allowed to apply for a partner Visa in Australia.

They need your guidance on whether Stella is eligible to apply for a partner visa in Australia.

Stella needs advice on whether she can apply for a valid partner visa in Australia.

Use relevant legislative provisions to explain your advice.

As per your advice in 1, prepare any submission to the Department of Immigration and Border Protection.

A list of all supporting documentation that you will need is included.

Stella may be sent a Letter of Advice advising her that she is open to merits review options.

Answer:

Draft

To

Sub: Request for valid partner visa

Dear Madam

I was recently able to review your inquiry regarding the validity of the application for the visa as a partner in Australia.

I have been informed that you hold the Visitor (class FA, sub-class 600) visa. This visa has some obligations under 8503. They will prevent you from applying for any temporary or permanent visa.

However, I can offer you advices in this regard if I take into account your current situation.

A visa with the sub-classes 801, 820, and 801 character is what you are applying for.

This visa permits the partner of an Australian citizen to live in Australia.

The subclass 820 visa allows the applicant temporary residence.

You must be in a legal relationship to one permanent resident of Australia to apply for the visa.

But, in order to get a permanent visa, you must first apply for a temporary visa. You can then apply for the permanent Visa after two years.

You are facing a problem because your visa conditions 8503 prohibit you from applying for any other visa.

There are some provisions that allow you to waive the 8503 conditions if you have to deal with an uncontrollable situation.

The form 1447 can be filled out or you can write to the Department of Immigration and Border Protection.

In order to reach your objective, you will be asked to apply for the waiver or temporary visa in sub class 820.

Regards Date

To

Respected Sir

Subject to the waiver of condition 8503.

This is to inform that my client, Mrs Stella, holds a visitor’s visa. In particular, the sub-class 600 has been granted. However, a condition concerning 8503 has been added to her visa.

It was observed that the 8503 ground contains the requirement of no further stay within the Australian provinces.

This means that the visa holder can’t apply for either a permanent or temporary visa option.

Your department has stated that the 8503 conditions are a mandatory ground.

You are requested to review the grounds for waiving the conditions in my client’s case.

If a situation occurs that forces the visa holder to remain in Australia for longer than necessary, and the visa holders have no control over it, then the conditions may be waived.

The visa holder should not be subject to irreparable injury or loss of life as the result of the situation.

Under the waiver rules, it was mentioned that certain conditions may lead to matrimonial or pregnancy issues or other emergencies that are not controllable by the visa holder.

It should be noted that Joel, my client’s lifeguard on Bondi Beach in Sydney, was also married to me.

They were married in November 2016. They remained in Bondi together.

It should be noted that the marriage was legal.

Also, my client is a man with a chronic psychiatric disorder. He had to leave his job because of this illness.

Both of them had to move in with Joel’s parents to take care of him.

Doctor has suggested that Joel needs to be treated for the condition for a few years. It is vital to take good care of him.

Joel’s parents are elderly and cannot provide sufficient care for him.

My client must also take care of their family affairs.

Joel’s health is declining day by day and the doctor suggested that stress may be contributing to his suffering.

He is stressed that Stella’s visa will soon expire.

It’s not necessary to declare that this is an emergency situation and that my client must apply for permanent visa. Her life could be endangered and her husband’s life may also be at risk.

My client’s current state is a factor in allowing her to apply.

Regards

Note of advice

To

Address

Sub: Letter of advice concerning merit review option

Respected Madam

We were glad to see you again after your previous visit.

We will do everything we can to help you find the best solution.

Your application for subclass 820 visas to Department of Immigration and Border Protection Force was denied.

You have several options. You can request the reconsideration of the decision to the authority. The Migration Act 1958 gives a detailed discussion.

You should be aware that the condition 8503 has imposed a waiver provision in your subclass 600 visa.

The condition 8503 has certain restrictions that prevent the applicant from applying for any further visa option related to the stay in the Australian provinces.

However, the Migration Act 1958 does provide some exceptions.

To have the matter reexamined, you are advised to contact the Department of Immigration and Border Protection.

You may also apply to the tribunal. The relevant provision regarding this matter has been set out under section 475, Migration Act 1958.

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