Migration Laws in Australia: Partner Visa Analysis

Running head: MIGRATION LAWS IN AUSTRALIA: PARTNER VISA ANALYSIS
MIGRATION LAWS IN AUSTRALIA: PARTNER VISA ANALYSIS
Name of the Student
Name of the University
Author Note

MIGRATION LAWS IN AUSTRALIA: PARTNER VISA ANALYSIS
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Table of Contents
Answer 1:...................................................................................................................................2
Answer 2:...................................................................................................................................3
Answer 3:...................................................................................................................................5
Provisional Partner Visa, (Subclass 309)...............................................................................5
Migrant Partner Visa, (Subclass 100)....................................................................................6
Healthcare and Character Requirements................................................................................6
Sponsor Obligations...............................................................................................................7
Answer 4:...................................................................................................................................7
References................................................................................................................................10

MIGRATION LAWS IN AUSTRALIA: PARTNER VISA ANALYSIS
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Answer 1:
In context to the aforementioned comprehension, it is unambiguous that both Andrew
and Jasmine has been in a de-facto connection with each other and was staying in Australia
for two years. They with the support and guidance of Tomi, a common friend had applied for
an onshore Partner Visa with just a statement of them being associated. De facto partners in
their relationship require 12 months of continuity before making an application. They
mentioned that the statement was just a mere document that did not cater to the requirements
and they should have mentioned the supporting information to attest to their application.
Andrew and Jasmine also specified that they were not aware of the necessary details required
to make an appeal to the Administrative Appeals Tribunal. Thus the statement provided by
them excluding the supporting documents were considered inconsistent and a ground of
denial of such application.
To seek or request for an onshore Partner Visa in Australia1, Andrew and Jasmine
must wait for the Decision Record, which is published once such application is rejected. This
Record generally contains and specifies the grounds of a second appeal and if such grounds
can satiate the requirements2. The Decision Record further essays the contexts to which the
previous application was rejected and the legal specification and requirement it should
consist. The legal specifications often include the necessity to incorporate legal proof and the
ground for such appeal3.
A time period of 19 to 24 months is extended from the eligible date to process the
review applications for Permanent Partner subclass 801 on the website of the Home Affairs
Department. A time of 20 to 26 months is allocated for reviewing applications for the
1 Lyneham, Samantha, and Kelly Richards. "Human trafficking involving marriage and partner migration to
Australia." (2014).
2 Weber, Leanne, Amanda Wilson, and Jenny Wise. "Cops and dobbers: A nodal cartography of onshore
migration policing in New South Wales." Australian & New Zealand journal of criminology 46.1 (2013): 32-50.
3 McDonald, Peter. "International migration and employment in Australia." Population Review 54.2 (2015).

MIGRATION LAWS IN AUSTRALIA: PARTNER VISA ANALYSIS
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Provisional Partner subclass 820 and 14 to 17 months for Prospective Marriage subclass 300
and Partner Provisional subclass 309. Although in practice, this time can be reallocated and
made sooner than the prescribed time.
However, prior to the Decision Record the applicants might apply for a review of
such rejections through fax, posts or make an online application to the Administrative
Appeals Tribunal, with the fee that is required to make such application or review4. An
applicant is often given a concession, or is exempted from paying any amount for making
such application if the applicant is in immigration detention or is bankrupt. The application or
forms requesting attention or needs to be reviewed are generally found on the Administrative
Appeals Tribunal website. The application is also required to be made and reviewed with the
support of valid documents5.
Answer 2:
A Partner Visa Application requires the pivotal aspect of right and just information
attested with the help of correct documents. These documents must be genuine to essay
strong and compatible evidence to such applications filed6. The Department of Home Affairs
in Australia has discarded several applications for both offshore and onshore Partner Visa
Applications due to faulty information7 and the amount of the non-refundable fee made for
such application is $7000. The basic mistakes associated with the filing of such applications
therefore are:
4 Robertson, Shanthi, and Anjena Runganaikaloo. "Lives in limbo: Migration experiences in Australia’s
education–migration nexus." Ethnicities 14.2 (2014): 208-226.
5 Gregory, Robert G. "The two-step Australian immigration policy and its impact on immigrant employment
outcomes." Handbook of the economics of international migration. Vol. 1. North-Holland, 2015. 1421-1443.
6 Mares, Peter. Not quite Australian: How temporary migration is changing the nation. Text Publishing, 2016.
7 Hughes, Peter, and Arja Keski-Nummi. "BEYOND OPERATION SOVEREIGN BORDERS A LONG-TERM
ASYLUM POLICY FOR AUSTRALIA." (2016).