Australian Immigration Law

[AUSTRALIAN
IMMIGRATION LAW]
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2019
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Answer1- Applicants for de-facto partner visa needed to be sponsored by permanent resident
of Australia under the legislative provision of Department of immigration and border
protection (2016). Provisions regarding Sponsoring partner to move in Australia is governed
by Australian Law Reform commission(ALRC1).To apply for partnership visa, applicant
must be married to the sponsor or remain inde facto relationship with the partner from last 12
months. In case of sponsorship regulations in Australian immigration law, a person is eligible
to sponsor two other partners in his lifetime. Also if he has record of previous sponsorships,
then there must be a five year gapas given in subclass 204 of visa rules. .Other reasonable
circumstances includes death of the partner, abrogation of relationship by partner etc. If the
sponsor or partner is married at the time of form filling, there must be evidence of abrogation
of marriage at the time of application.
Answer2- Under Australian Immigration law services, regulations introduced in 2015
mentioned that sponsorship for visa in Australia must not involve monetary transactions or
other benefits in relevant events. There are multiple benefits that usually get involved in these
visa related events in Australia such as one time lump sum payment, ongoing periodic
payments, unpaid or underpaid work, gifts, payments of good and services etc. The list does
not stops here and the benefits subject to interpretation by partners in visa
sponsoring.Employer Nominated Scheme 2(ENS) 186 Visa and Regional Sponsored
Migration Scheme (RSMS) 187 visa, includes all the relevant legislative provision for such
related event.
In the given case, Andy asked for huge monetary benefits from Shirley in return os
sponsoring her for de-facto partner visa. “No payment for sponsorship” regulation
mentioned that asking money from the temporary visa holder to provides visa by sponsoring
amounts to crimes under Australian Immigration laws.
If Shirley and Andy proceeded as offered by Andy, then she have to pay huge amount of
$100,000 to Andy that is defined as the breach of “no payment for sponsorship” regulation
and penalties includes relevant civil and criminal penalties ranging from 240 penalty points
means $43,200 as a fine to two years imprisonment for individual sponsor as given in the
relevant case.There May be cancellation of the accused visa holder by Australian
immigration authorities along with barring individual from sponsoring further any immigrant
to Australia. It also leads to cancelling of their sponsorship. Processing of ongoing
application may get delayed and those with cancelled sponsorship may loose their visa. In
Minister for Immigration and Border Protection v Hallmark Computer Pty Ltd (2016)
FCA 678, the sponsoring company Hallmarks engaged in computer work and mobile
devices hired four workers for 457 visas and the agreed mutually for payment of inadequate
wages for their service in Australia contrary to regulations 2.79(3). The federal court fined
the company heavily with fine of $430,000 against the company and $86,000 against the sole
director. Company was also orders to pay restitution to the employee amounts to $80,000 and
described the crime as systematic, deliberative, calculative and deceptive and a act of cynical
misuse of company’s higher position in relation to employees.
Answer3-
Andy and Shirley had an relationship with prevailing domestic violence against Shirley.
Violent phase of Andy let’s Shirley suffer this kind of abusive relation. The Migration
1 (ALRC, 2019)
2 (Immi.homeaffairs.gov.au, 2019)