Migration Law

Running head: MIGRATION LAW
MIGRATION LAW
Name of the Student
Name of the University
Author Note

MIGRATION LAW1
Question 1
The Australian Department of Home Affairs does not restrict a person from
sponsoring a partner visa twice, as long as the first partner is not associated with the sponsor1.
After divorcing or separating from the first partner, the sponsor is free to move on with
another partner and offer her a sponsorship for Partner visa in Australia. In general, a sponsor
is the partner of the applicant who is applying for a partner visa subclass 820 or 801 before
the Department of Home Affairs.
In regard to the given case, Andy offering to help Shirley by marrying her and helping
her to file an application of Partner Visa in lieu of $100,000 before the Department of Home
Ministry sounds unlawful in the first place. This is clearly a contract between Andy and
Shirley that lacks the usual requisite of a valid marriage, which has a commitment to live
together. It is a contractual agreement between the two that satisfies all the requisite of a valid
contract. Therefore, ethically this arrangement between the two should not be encouraged and
Andy’s sponsorship to Shirley’s Partner visa application should not be accepted. However, in
practical sense, it is difficult for the Ministry to make out the fraudulence that are involved
with various visa application. Unless, the Ministry has the knowledge of the deception, it
would not stop Andy from sponsoring Shirley’s partner visa application.
Question 2
Section 243(1) of the Migration Act 1958 (Cth) restricts a person from applying for a
partner visa or any kind of permanent visa in case the applicant does not have a genuine
relationship of commitment with her sponsor and does not intend to carry forward with the
matrimonial relationship like usual couples2. In case the applicant is caught for such
deception, she shall be held as an unlawful non-citizen. Section 243(3) of the Act does not
1 Dauvergne, Catherine. "Making people illegal." 2017 Migrants and Rights. Routledge, 77-94.
2 Migration Act 1958 (Cth), s Section 243(1)

MIGRATION LAW2
allow a person to sponsor another for a permanent visa with fabricated information, like fake
marital relationship or false de facto relationship3. Two years of imprisonment is awarded
against the applicant who applies for a defective visa application and also the sponsor who
helps such deceptive applicant.
Section 245AR of the Migration Act 1958 (Cth) does not allow a person to derive
benefit from a person who is offering certain sponsorship related help for a visa application4.
In this regard, an offender shall be penalized with a fine of 360 units and an imprisonment of
2 years or both. While section 245AS of the Act restricts a person to offer any kind of benefit
or interest to a person in regard to a sponsorship related help for a visa application5. A person
breaching the provision shall be made to face a penalty of 240 units. Nonetheless, this
provision shall not apply in case an assistance from a professional is taken for making a visa
application before the Ministry of Home Affairs.
In the given case, Andy offer to help Shirley apply for a Partner visa in respect of his
offer to marry her and be her sponsor in Australia in lieu of $100,000 is unlawful. Similarly,
Andy’s previous history of helping the ‘other women’ in the same way is unlawful as well
and he is subject to penalty under the Migration Act 1958 (Cth). In addition, Shirley is also
subjected to penalty under the Act for marrying Andy only in order to apply for a partner visa
for staying permanently in Australia.
Question 3
The Department of Home Affairs directs that an applicant whose relationship status
has changed, either by break down of the relationship (marital or de facto) or by the death of
the partner, to continue with the Partner visa application where the Temporary Partner visa
3 Migration Act 1958 (Cth), s Section 243(3)
4 Migration Act 1958 (Cth), s Section 245AR
5 Migration Act 1958 (Cth), s Section 245AS