LML6003 - Australian Immigration Law Assignment: Semester 2, 2019

This assignment analyzes key aspects of Australian immigration law, focusing on de-facto partner visas and sponsorship regulations, as well as the implications of family violence within the visa application process. The assignment explores the legislative provisions governing sponsorship, including eligibility criteria, limitations on sponsorship, and consequences of non-compliance, particularly the "no payment for sponsorship" rule. It examines the impact of domestic violence on visa applications, detailing provisions for victims and the role of the Australian government in mitigating abusive relationships. Additionally, the assignment addresses the obligations of registered migration agents under the Code of Conduct, emphasizing the importance of confidentiality and ethical conduct. The document provides insights into relevant cases and legislation, offering a comprehensive understanding of the complexities within the Australian visa system and the legal safeguards in place.

[australian immigration law]
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Answer1- Applicants for de-facto partner visa needed to be sponsored by permanent resident
of Australia under the legislative provision of Department of immigration and border
protection (2016). Provisions regarding Sponsoring partner to move in Australia is governed
by Australian Law Reform commission(ALRC1).To apply for partnership visa, applicant
must be married to the sponsor or remain inde facto relationship with the partner from last 12
months. In case of sponsorship regulations in Australian immigration law, a person is eligible
to sponsor two other partners in his lifetime. Also if he has record of previous sponsorships,
then there must be a five year gapas given in subclass 204 of visa rules. .Other reasonable
circumstances includes death of the partner, abrogation of relationship by partner etc. If the
sponsor or partner is married at the time of form filling, there must be evidence of abrogation
of marriage at the time of application.
Answer2- Under Australian Immigration law services, regulations introduced in 2015
mentioned that sponsorship for visa in Australia must not involve monetary transactions or
other benefits in relevant events. There are multiple benefits that usually get involved in these
visa related events in Australia such as one time lump sum payment, ongoing periodic
payments, unpaid or underpaid work, gifts, payments of good and services etc. The list does
not stops here and the benefits subject to interpretation by partners in visa
sponsoring.Employer Nominated Scheme 2(ENS) 186 Visa and Regional Sponsored
Migration Scheme (RSMS) 187 visa, includes all the relevant legislative provision for such
related event.
In the given case, Andy asked for huge monetary benefits from Shirley in return os
sponsoring her for de-facto partner visa. “No payment for sponsorship” regulation
mentioned that asking money from the temporary visa holder to provides visa by sponsoring
amounts to crimes under Australian Immigration laws.
If Shirley and Andy proceeded as offered by Andy, then she have to pay huge amount of
$100,000 to Andy that is defined as the breach of “no payment for sponsorship” regulation
and penalties includes relevant civil and criminal penalties ranging from 240 penalty points
means $43,200 as a fine to two years imprisonment for individual sponsor as given in the
relevant case.There May be cancellation of the accused visa holder by Australian
immigration authorities along with barring individual from sponsoring further any immigrant
to Australia. It also leads to cancelling of their sponsorship. Processing of ongoing
application may get delayed and those with cancelled sponsorship may loose their visa. In
Minister for Immigration and Border Protection v Hallmark Computer Pty Ltd (2016)
FCA 678, the sponsoring company Hallmarks engaged in computer work and mobile
devices hired four workers for 457 visas and the agreed mutually for payment of inadequate
wages for their service in Australia contrary to regulations 2.79(3). The federal court fined
the company heavily with fine of $430,000 against the company and $86,000 against the sole
director. Company was also orders to pay restitution to the employee amounts to $80,000 and
described the crime as systematic, deliberative, calculative and deceptive and a act of cynical
misuse of company’s higher position in relation to employees.
Answer3-
Andy and Shirley had an relationship with prevailing domestic violence against Shirley.
Violent phase of Andy let’s Shirley suffer this kind of abusive relation. The Migration
1 (ALRC, 2019)
2 (Immi.homeaffairs.gov.au, 2019)

Amendment (Family Violence and Other Measures) Act 20183, placed greater scrutiny in
Australian sponsor in family visa application. This has provisions regarding prohibition of
Australian sponsor with history of domestic violence from sponsoring any visa applicant.
Also there has been reporting of 529 visa applicants being victims of family violence in
2015-16 . Australian government always strive to reduce of abusive relationship in case of
partnership visa and relevant family violence. As Shirley holds temporary partnership visa
under subclass 309 or 820 and also she is suffering from domestic violence for which she has
adequate evidence in the form of deformity in tooth and her admission in medical facility by
Lily Long, a nurse in her neighbourhood. In case of ending relationship with Andy as Shirley
wishes to stay in women’s refuge , Shirley will have option under Austrian immigration law
that allow her to continue her permanent partner visa under subclass 100 or 801. Also there
are provisions of “family violence exceptions” in the Migration Regulations 1994
(Cth ) that ensure visa applicant does not need to suffer abusive relation in Australia and
provisions regarding obtaining permanent resident in Australia as in the case of Fatin
Shabbar4,, an Iraqi women holder of temporary spouse visa and subject to domestic violence
These provisions are also in relevance with United Nations conventions regarding the status
of refugee in order to protect them from family violence. Also the case of de- facto partner
suffering domestic violence do not have right for permanent visa, the Australian government
needs to be satisfied for authenticity of the relation.
Therefore, under given circumstances, Shirley needs to get extension for her student visa if it
is about to expire in 2-3 months as the required processing time can also leads to her
deportation due to expiry of visa. Apart from this, application for permanent residence must
get started correspondingly.
Answer 4- As Shirley revealed during her consultation with the agent about breach of “no
payment for sponsorship” regulation , the registered migration agent has obligations under
the code of conduct of the Migration Agent Regulation 19985, sub-clause 2.1 , that age
must refrain from accepting any person as client who has conflict of interest with him .
Definition of conflict of interest leads to any activity that has mutual benefit for both the
applicant and the agent without due diligence to the legislative provisions of Australian
Immigration regime. Also, the registered migration agent is directed to act in accordance with
the law and legitimate interest of client. Migration agents also must not help their client in
drafting any statement that breaches the legislative requirements and can be misleading or
inaccurate. However sub-clause 2.9 , provides immunity to the migration agent from any
misinformation provided by the client. The sub-clause 2.19 states that subject to client’s
direction the agent must provide only relevant information to the department for assessment
against relevant criteria, it means the information must be in the from which does not reveal
the circumstances and prejudices subjected to the client. The part 3 of the code of conduct
place obligation to the agent to preserve the confidentiality of the client and the agent is not
allowed to disclose the confidential business of client without written consent from client.
Therefore in the given case, even after confiding her activities of giving monetary benefit to
Andy, the agent must not reveal as it amounts to confidential information which is not
required by law to disclose. Therefore, client must obey the code of conduct of Migration
agent regulation 1998, and must not reveal her confidential information without her consent.
3 (Legislation.gov.au, 2019)
4 (SAGE Journals, 2019)
5 (Legislation.gov.au, 2019)

References
ALRC. (2019). Australian Law Reform Commission | ALRC. [online] Available at:
https://www.alrc.gov.au/ [Accessed 2 Sep. 2019].
Classic.austlii.edu.au. (2019). MIGRATION AGENTS REGULATIONS 1998 -
SCHEDULE 2Code of conduct. [online] Available at:
http://classic.austlii.edu.au/au/legis/cth/consol_reg/mar1998287/sch2.html
[Accessed 2 Sep. 2019].
Harvie, J. and Harvie, J. (2019). serial sponsorship Archives - Down Under Visa
- Australian Registered Migration Agents. [online] Down Under Visa -
Australian Registered Migration Agents. Available at:
https://www.downundervisa.com.au/tag/serial-sponsorship/ [Accessed 2 Sep.
2019].
Immi.homeaffairs.gov.au. (2019). Employer Nomination Scheme (subclass 186)
visa. [online] Available at: https://immi.homeaffairs.gov.au/visas/getting-a-
visa/visa-listing/employer-nomination-scheme-186 [Accessed 2 Sep. 2019].
Legislation.gov.au. (2019). Migration Amendment (Family Violence and Other
Measures) Act 2018. [online] Available at:
https://www.legislation.gov.au/Details/C2018A00162/Download [Accessed 2
Sep. 2019].
SAGE Journals. (2019). Protecting Our Non-Citizens: Iraqi Women on
Australian Temporary Spouse Visas - Fatin Shabbar, 2012. [online] Available
at: https://journals.sagepub.com/doi/abs/10.1111/j.1467-954X.2011.02046.x
[Accessed 2 Sep. 2019].