Implications of Ram v Minister for Immigration and Border Protection [2018]

A CASE OF RAM V MINISTER FOR IMMIGRATION AND
BORDER PROTECTION [2018]
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Table of contents
1. Explain, in plain English, the implications of the decision of Collier J about valid
visa applications especially in the context of partner visas.............................................................3
2. What would the consequences be, if you as a registered migration agent, lodged an application
that was invalid under the Migration Agents Regulations 1998 (Cth)?..........................................4
References........................................................................................................................................6
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1. Explain, in plain English, the implications of the decision of Collier J about valid visa
applications especially in the context of partner visas
According to the decision of the Federal Circuit Court the case of Ram v Minister for
Immigration 2017 FCCA 687 underwent a judicial procedure. It was following the verdict of the
judge Collier J that the application for the migration visa was found to get dismissed and
disapproved. It was under the subject of getting the judicial review for deciding on delegation of
the Minister. It was found that the appellant on making a visa application for shifting to Australia
post her marriage got canceled1. The application was made following the visa protocol under the
subclass of 820 comprising the partner subclass 801 as the resident. It was therefore found that
due to the incoherence of partner and wife's visa subclass the visa application got dismissed. This
was eventually considered to be an invalid application due to incoherent subclass category
between the spouse visas. It was the applicant who belongs from the Fijian origin who got
married to an Australian citizen2. It was following their marriage that she made the application to
shift to Australia towards her offshore partner through visa. Being the partner migrant of Class
BC of subclass 100, she applied for this visa. The applicant was found to already possess a
provisional class UF visa subclass 309 visa which was granted to her in the year 2002. It was
found that the appellant had traveled to Australia where she was placed. It was later in the year
1 Kalir, B., & Wissink, L. (2016). The deportation continuum: convergences between state agents
and NGO workers in the Dutch deportation field. Citizenship Studies, 20(1), 34-49.
2 Spaan, E., & van Naerssen, T. (2018). Migration decision-making and migration industry in the
Indonesia–Malaysia corridor. Journal of Ethnic and Migration Studies, 44(4), 680-695.
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