Australian Immigration Law : Memorandum of Advice

Australian
Immigration Law
Memorandum of Advice
Student Credentials
18-Jan-20

Immigration Law 1
Memorandum of Advice
To: Terry Stamp
From: Rebecca Sanders - Migration Agent
Date: 18th January 2020
Re: Ebony Enders and Ivory Caulfield - Subclass 820 and Subclass 801 Partner visas
Ebony Enders here has been previously denied a visa request under the section 109 (1) of the
Migration Act 1958. But, the AAT or the Administrative Appeals Tribunal has set aside that
order already under the section 114 (1) of the Act1. Hence, the previously denied request shall
not be considered an issue here. Ebony here is definitely entitled to apply for the temporary
visa under subclass 820 as she meets all the eligibility requirements as specified by the
Australian Government Department of Home Affairs.
These requirements include,
“Not had a visa cancelled or an application refused”: Since, the denial has been set aside;
Ebony can apply for the Temporary Visa.
“Meet relationship requirements”: Ebony here can be recognized as a partner of an
Australian Citizen as they already have been living together since past 7 months and
Ebony is ten weeks pregnant and as per the department of home affairs, in such a case, “The
12-month requirement will not apply if you can show them compelling and compassionate
circumstances exist to grant the subclass 820 visa”2.
1 MIGRATION ACT 1958 - SECT 114(1)
2 Department of Home Affairs, "Subclass 820 Partner Visa (Temporary)", Immi.Homeaffairs.Gov.Au
(Webpage, 2019) <https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore/temporary-
820#Eligibility>.