Migration Law | Assessment 1

Running head: MIGRATION LAW
Migration Law
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MIGRATION LAW
1. Can Andrew and Jasmine lodge a new onshore Partner Visa in Australia and why?
Andrew and Jasmine can lodge a new onshore Partner Visa either Subclass 820 or 801) as per
the Australian law1. Andrew and Jasmine are currently living in Australia, this being the first
qualification for an onshore partner visa application. Andrew is a citizen of Turkey but has
managed to obtain a permanent skilled independent (subclass 189) visa. The Subclass 189 is a
permanent visa that allows the holder to live and work intently in the country. The type of visa
allows the holder to apply for the visa in or outside the country that is Australia. The time taken
to process the 189 skilled Visa applications is eight months to ten months. It includes both the
applicant’s married or unmarried partner together with any child and dependents to either of the
partners. There are many advantages that come with the 189 skilled visa. The visa allows the
holder to live in Australia as long as they wish. Secondly, an applicant or holder is allowed to
work permanently in an area that has been nominated within Australia. Holders of this type of
visa can concentrate on a course of their choice together with related benefits as long as the
course takes. Travels are not limited anywhere within the country for a holder of the 189 visa.
Citizenship can be given if a holder of the 189 visa choses to apply for one. Having analyzed
some of the benefits of the type 189 visa, the case of Andrew and Jasmine can be analyzed fully
and find out if they are eligible for an onshore visa2.
First, the refusal of Andrew and Jasmine’s partner visa was basically due to lack of supporting
documents, which is a crucial step in the processing of any visa in Australia. They trusted the
wrong person who was not even an employee or agent of the immigration department nor
1 https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/
Completed%20inquiries/2004-07/migration/report/footnotes#F1139
2 https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/
Completed%20inquiries/2004-07/migration/report/footnotes#F1140

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MIGRATION LAW
homeland security. Despite the fact that Andrew and Jasmine are not married, they are still
eligible for an onshore visa because the minimum time for proof of a valid partnership is one
year and they have been together for two years.
The length of a relationship is important during application for an onshore visa. The relationship
must be genuine and ongoing. Children are an added advantage as the processing of visa will be
enhanced. Jasmine and Andrew must be able to provide evidence of their two-year relationship
in order to lodge a permanent partner visa. It could help their application to be processed within a
period of two years. On the other hand, if Jasmine and Andrew choose to lodge a de facto
relationship visa, they must be able to provide evidence of their relationship, which must have
been ongoing for at least one year. Some of the things that can be considered as evidence include
joint financial savings, correspondences, recognition by friends or family, and a written timeline
of the relationship ad acceptance by both parties3. After the documents have been put in place,
Jasmine and Andrew can register a de facto relationship and lodge a partner visa in case they are
legally married but separated to someone else. In this case a de facto relationship will be used
since they are not legally married.
Onshore partner visa applicants acquire rights similar to onshore visa holders. These rights
include the right to Medicare, remain in Australia, work, travel and return to Australia. Andrew
and Jasmine must be able to provide the above named documents to lodge a valid application.
The Family Violence Bill of 2018 outlines the changes that support partner visas as well as
sponsorship process.
Summary of procedure for lodging a visa4
3 https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/
Completed%20inquiries/2004-07/migration/report/footnotes#F1140

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MIGRATION LAW
 Use forms approved by the ministry
 Make sure all charges are paid
 Submission and satisfaction of required criteria and documentation
 Lodgment at a special address or place
 The application can be in writing, oral or online based on the Visa and place of stay.
2. What are the consequences of not making a valid visa application? You are not
required to consider the code of conduct implication as part of this question
The rules that govern immigration and entry into Australia are established by the immigration
Act of 1958 (Cth)5. According to the Migration Act amendment of September 2001 [1191-1193],
4 https://www.aph.gov.au/Parliamentary_Business/Committees/Senate/Legal_and_Constitutional_Affairs/
Completed%20inquiries/2004-07/migration/report/footnotes#F1153
5 https://www.humanrights.gov.au/our-work/3-what-are-consequences-visa-refusal-or-cancellation#fn41 Migration
Act 1958 (Cth), ss 13, 14, 501F. Under section 501F of the Migration Act, once a person’s application for a visa is
refused or his or her visa is cancelled under section 501, all visas issued to that person, except for a protection visa
or a type of visa specified in the Migration Regulations, are cancelled, and all applications for visas other than a
protection visa are deemed to be refused. There are currently no other visas specified in the Migration Regulations
for the purposes of section 501F.