Migration and Visa Law : Assignment

Running head: MIGRATION AND VISA LAW
Migration law
Name of the Student
Name of the University
Author Note

1MIGRATION AND VISA LAW
Answer to question 1:
Letter of Advice
To
Mrs. Anh
Australia
Sub: Application for permanent residence
Respected Madam
This letter of advice is based on the process of making an application for permanent
partner visa under subclass 801 of the Australian Migration law1. Australia is the first choice for
the immigrants and people come here for various reasons. Considering the scope of migration in
the country, various legislative actions have been implemented and a separate board has been
established to deal with all the migration related problems and queries. Further, the applicants
have to apply for their chosen visa options before this authority. However, considering the
importance and popularity of migration visa, the government of Australia prescribed certain visa
related requirements that have to be maintained by the application and in case of any failure, his
application can be rejected.
The present case is based on the eligibility criteria for obtaining partner visa permanently
that have been engraved under subclass 801 of the Migration law. However, the visa holder has a
temporary prospective marriage visa that has been acquired for marriage purpose. According to
1 'Migration Regulations 1994' (Legislation.gov.au, 2018) <https://www.legislation.gov.au/Details/F2017C00582>
accessed 2 May 2018
Panizzon, Marion, et al., eds. The Palgrave Handbook of International Labour Migration: Law and Policy
Perspectives. Springer, 2016.

2MIGRATION AND VISA LAW
the nature of the visa, the visa holder is allowed to stay in Australia for nine months only. The
Migration Act has mentioned certain grounds where the applicant has to meet all the criteria
accordingly to make an application for permanent partner visa. The requirements can be divided
into the following:
 The marriage in between the applicant and his spouse has been done in accordance with
the Australian Law and both the spouses were adult at the time of the marriage;
 Spouse of the applicant is Australian citizen;
There is a condition lied in the section that states the applicant should have to make an
application for temporary partner visa (Subclass 820) first2.
On the other hand, it has further been mentioned by the present applicant that she has
been subjected to physical abuse by her partner and wanted to file a case for family violence. The
issue of this case is whether the Migration law allows the applicant to file a case in Australia or
not. According to Migration Act, a visa holder can file case for family violence if he has the visa
under subclass 309, 820 and 300. The current character of the case has possessed a visa under
subclass 300 and therefore, eligible to file a case. However, in this case, he must have to show
that she has all the relevant grounds to make the claim and she is required to make the
application before the Department of Immigration and Border Protection. She has to submit all
the evidences regarding her marriage and the information regarding the violence before the
authority. After considering the information, the Board will send them to the expert who will
analyze the validity of the information. Claim of the visa holder will be accepted on the approval
of the expert
2 Segrave, Marie, and Cathrine Burnett-Wake. "Addressing Family Violence through Visa Sponsor Checks: A Step
in the Right Direction." Current Issues Crim. Just. 29 (2017): 155.

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Therefore, Anh is suggested first to apply for temporary partner visa under subclass 820
and then she can make claim before the DIBP regarding the family violence issue.
Regards
Answer to question 2:
Letter of Advice
To
Mrs Petra
Australia
Sub: Implication of Waensila’s decision on Petra’s case
Respected Madam
Migration is the biggest issue in Australia and the government has to take certain liberal
but strict steps to regularize the system. People from different countries come in this country
with the option to get higher level of education here or for the working purpose. There are certain
other grounds to this visa application. Partner visa is the most common among others. The
applicants have made various types of partner visa application. Considering the terms of the
migration application, the validity of the visa can be either temporary or permanent. Further,
there are certain bridging visas in Australia. This are given to the visa holder whose visa validity
has been closed and they are required to make another visa application within 28 days of such
end up process. Further, the applicant could not go outside of the Australia and in case of he has
gone outside Australia, he could not come back to Australia again. However, certain rights have
been provided to the applicant in this case. They can make an application under subclass 820 or
subclass 801 of the Migration Act.

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The Act has required maintaining certain conditions by the visa applicant. The conditions
have been stated under schedule 3 of the Regulation. It has been mentioned that the visa holder
should have to make the application within the stipulated period mentioned in the schedule. She
has to show that her current visa does not contain of the ground regarding “no further stay”
option. Further, the applicant has to show certain grounds on which she has no control. She must
have to show the situation that compelled her to make the application before the Board. This
situation is known as the compelling ground. There were many conceptions on the compelling
ground, which has been resolved in the case of Waensila v Minister for Immigration and
Border Protection3, where the court was of the view that every authority is required to maintain
the rules of the decision. It has been held by the court that compelling should be taken into
account. This judgment helped to widen the scope and applicability of compelling ground.
In the present case, it has been observed that Petra has a serious family issue and her
husband has met with a fatal accident. This make her husband fully depended on her and she has
no option to leave her husband at that condition. Further, she had no control over the accident.
Therefore, it can be stated that she has reasonable ground to make an application for partner visa.
Therefore, Petra is advised to make application before the Board (DIBP) regarding her
condition and claim that her condition attracts the waiving ground of schedule 3 of Migration
Regulation.
Regards
3 (2016) FCAFC 32

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Bibliography:
'Migration Regulations 1994' (Legislation.gov.au, 2018)
<https://www.legislation.gov.au/Details/F2017C00582> accessed 2 May 2018
Panizzon, Marion, et al., eds. The Palgrave Handbook of International Labour Migration: Law
and Policy Perspectives. Springer, 2016.
Segrave, Marie, and Cathrine Burnett-Wake. "Addressing Family Violence through Visa
Sponsor Checks: A Step in the Right Direction." Current Issues Crim. Just. 29 (2017): 155.
Waensila v Minister for Immigration and Border Protection (2016) FCAFC 32