Migration and Visa Law : Assignment
Added on 2021-05-30
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Running head: MIGRATION AND VISA LAWMigration lawName of the StudentName of the UniversityAuthor Note
1MIGRATION AND VISA LAWAnswer to question 1:Letter of AdviceToMrs. AnhAustraliaSub: Application for permanent residenceRespected MadamThis letter of advice is based on the process of making an application for permanentpartner visa under subclass 801 of the Australian Migration law1. Australia is the first choice forthe immigrants and people come here for various reasons. Considering the scope of migration inthe country, various legislative actions have been implemented and a separate board has beenestablished to deal with all the migration related problems and queries. Further, the applicantshave to apply for their chosen visa options before this authority. However, considering theimportance and popularity of migration visa, the government of Australia prescribed certain visarelated requirements that have to be maintained by the application and in case of any failure, hisapplication can be rejected. The present case is based on the eligibility criteria for obtaining partner visa permanentlythat have been engraved under subclass 801 of the Migration law. However, the visa holder has atemporary prospective marriage visa that has been acquired for marriage purpose. According to1 'Migration Regulations 1994' (Legislation.gov.au, 2018) <https://www.legislation.gov.au/Details/F2017C00582>accessed 2 May 2018Panizzon, Marion, et al., eds.The Palgrave Handbook of International Labour Migration: Law and PolicyPerspectives. Springer, 2016.
2MIGRATION AND VISA LAWthe nature of the visa, the visa holder is allowed to stay in Australia for nine months only. TheMigration Act has mentioned certain grounds where the applicant has to meet all the criteriaaccordingly to make an application for permanent partner visa. The requirements can be dividedinto the following:The marriage in between the applicant and his spouse has been done in accordance withthe 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 anapplication for temporary partner visa (Subclass 820) first2. On the other hand, it has further been mentioned by the present applicant that she hasbeen subjected to physical abuse by her partner and wanted to file a case for family violence. Theissue of this case is whether the Migration law allows the applicant to file a case in Australia ornot. According to Migration Act, a visa holder can file case for family violence if he has the visaunder subclass 309, 820 and 300. The current character of the case has possessed a visa undersubclass 300 and therefore, eligible to file a case. However, in this case, he must have to showthat she has all the relevant grounds to make the claim and she is required to make theapplication before the Department of Immigration and Border Protection. She has to submit allthe evidences regarding her marriage and the information regarding the violence before theauthority. After considering the information, the Board will send them to the expert who willanalyze the validity of the information. Claim of the visa holder will be accepted on the approvalof the expert2 Segrave, Marie, and Cathrine Burnett-Wake. "Addressing Family Violence through Visa Sponsor Checks: A Stepin the Right Direction."Current Issues Crim. Just.29 (2017): 155.
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