Migration Law: Partner Visa Application and Advice for Stella

This assignment delves into the intricacies of Australian migration law, focusing on a specific case involving a partner visa application. The student's work addresses a scenario where an individual, Mrs. Stella, holding a Visitor visa (sub-class 600) faces restrictions due to condition 8503, which typically prevents further visa applications. The assignment provides a draft application to the Department of Immigration and Border Protection, seeking a waiver of condition 8503 based on extenuating circumstances, including the applicant's husband's chronic psychiatric disorder and the need for her care. Additionally, the assignment includes a letter of advice to Mrs. Stella, outlining her options for a merit review if her initial application is rejected. The assignment demonstrates an understanding of relevant legislation, including the Migration Act 1958, and provides practical guidance on navigating the Australian immigration system. The document also includes a bibliography of relevant sources.

Running head: MIGRATION LAW
Migration Law
Name of the student:
Name of the university:
Author note

1MIGRATION LAW
Answer to question 1:
DRAFT
To
Mrs. Stella
Sub: Application for valid partner visa
Dear Madam,
I have recently gone through your query regarding the valid application for the partner
visa in the territory of Australia. It has been informed by you that you are holding the Visitor
(class FA) (sub-class 600) visa and your visa has certain obligations under 8503 that will
restrict you to apply for any temporary or permanent visa to stay in this territory further1.
However, by considering your present situation, I can provide you certain advices to that
effect.
The visa you want to apply for is a visa that holds the character of sub-classes 820,
801, and named as partner visa. This visa allows the partner of a citizen who is the permanent
residence of Australia and gives the applicant a chance to stay in the territory of Australia2.
The first one is sub class 820 that allows the applicant to live on temporary basis. To obtain
the visa, one should have legal relationship with one permanent resident of Australia.
1 Fozdar, Farida. "Becoming Australian: Migration, settlement and citizenship [Book Review]." Australasian
Review of African Studies, The 38.1 (2017): 138.
2 Segrave, Marie, et al. "Submission to the Senate Legal and Constitutional Affairs Committee: Migration
Amendment (Family Violence and Other Measures) Bill 2016." (2016).

2MIGRATION LAW
However, before getting the permanent visa, one has to apply for the temporary visa
and can apply for the permanent visa after two years of it. The main dilemma in your case is
that there is condition in your visa regarding condition 8503 that restrict you to apply for any
further visa3. There are certain provisions to waive the conditions of 8503 if any situation
cropped up that cannot be control by the applicant and the outcome of the situation can be
changed the circumstance of the applicant4. One can applied for the waiver by fill up the form
1447 or by writing to the Department of Immigration and Border Protection.
You are, therefore requested to apply for the waiver and the temporary visa under sub
class 820 to achieve your aim validly5.
Regards Date:
3 Australian Migration Act 1958 (Cth.) section 499
4 Vaughan, C., et al. "Promoting community-led responses to violence against immigrant and refugee women in
metropolitan and regional Australia: The ASPIRE Project: Key findings and future directions." (2016).
5 Australian Migration Act 1958 (Cth.) section 48

3MIGRATION LAW
Answer to question 2:
To
Department of Immigration and Border Protection
Migration Ministry
Australia
Email:
Respected Sir,
Subject: waiver of condition 8503
This is to inform you that my client Mrs Stella has a visitors’ visa that particularly
form the sub-class 600 and there is a condition regarding 8503 has been imposed on her visa6.
It has been observed that the ground relating to the 8503 contains the provision of no further
stay in the provinces of Australia7. This means the visa holder could not apply for any
temporary or permanent visa option. It is to be stated that under your department it has been
stated that the provisions of the conditions 8503 is a mandatory ground.
However, it is requested to you to consider the waiving grounds of the conditions in
the case of my client. It has been mentioned that if there is any situation accrues that forced
the visa holder to stay in the provinces of Australia for further time and the visa holder has no
control over the issue, the conditions regarding the same can be waived8. It is also been stated
that the outcome of the situation should have to affected the life of the visa holder with
irreparable loss and personal injury. It has been mentioned under the waiving rules that the
conditions can cause regarding matrimonial tie or pregnancy or any other emergency issues
that are uncontrollable for the visa holder.
6 Chilingarov, N. S., et al. "Cerium Tetrafluoride: Sublimation, Thermolysis, and Atomic Fluorine
Migration." The Journal of Physical Chemistry A 119.31 (2015): 8452-8460.
7 Bulley, Dan. Migration, ethics and power: spaces of hospitality in international politics. Sage, 2016.
8 Thomas, Kevin JA, and Christopher Inkpen. "Foreign student emigration to the United States: Pathways of
entry, demographic antecedents, and origin‐country contexts." International Migration Review 51.3 (2017): 789-
820.

4MIGRATION LAW
It is to be stated to you that my client was married with Joel who was working as
lifeguard in the beach of Bondi in the coast of Sydney. The both had married in November
2016 and stay in Bondi as spouse. It is to be noted that the marriage was legal in nature. It is
also to be stated that husband of my client is a patient of chronic psychiatric disorder and he
had to leave the job based on his illness. Both the couple had forced to stay at the parental
house of Joel in Sydney to look after Joel. It has been suggested by Doctor that Joel has to
undergo treatment for the same for a couple of years and it is important to take care of him.
The parents of Joel are elder and it is not possible for them to take sufficient care of him. The
family affairs of the same are also to be resolved by my client9.
It is also to be stated that the condition of Joel is deteriorating day today and it is
suggested by the doctor that stress can be affected the life of him. It is stressful thing to him
that the validity of the visa of his wife Stella is going to be expired within certain times10.
It is no matter to state that this is an emergency matter and if my client does not
allowed to apply for the permanent visa, her life can be affected and the life of the husband
will also be getting harmed. It is required to allow the application of my client by considering
her present state.
Regards
9 Ash, Jillian, and Jillian Campbell. "Climate change and migration: the case of the Pacific Islands and
Australia." Journal of Pacific Studies 36.1 (2016): 53-72.
10 Kerr, Duncan. "Reviewing the reviewer: The administrative appeals tribunal, administrative review council
and the road ahead." Ethos: Official Publication of the Law Society of the Australian Capital Territory 238
(2015): 10.

5MIGRATION LAW
Answer to question 3:
Letter of Advice
To
Mrs Stella
Address
Sub: Letter of advice regarding merit review option.
Respected Madam,
You had come to our office on previous occasion and we are glad that you have come
again to look for help. We will try our best to provide you the ultimate solution. It has been
informed by you that you had applied for the sub class 820 visas to the Department of
Immigration and Border Protection Force and the same was rejected11. There are certain
options available for you so that you can ask for the reconsideration of the same to the
authority and the Migration Act 1958 provides a detailed discussion regarding the same.
On the first occasion, it is advised to you that there is a waiver provision present in
your sub class 600 visa that has been imposed by the condition 8503. Condition 8503
contains certain provision that restrict the applicant to apply for further visa option regarding
the stay in the provinces of Australia. However, there are certain exceptions regarding the
same that has been provided by the Migration Act 195812.
You are, therefore suggested to apply before the Department of Immigration and
Border Protection to reconsider the matter. You can also make an application before the
11 Australian Migration Act 1958 (Cth.) section 46 (1A)
12 Australian Migration Act 1958 (Cth.) section 41 (2) (a)

6MIGRATION LAW
tribunal and the relevant provision regarding the same has been engraved under section 475
of Migration Act 1958.

7MIGRATION LAW
Bibliography
Ash, Jillian, and Jillian Campbell. "Climate change and migration: the case of the Pacific
Islands and Australia." Journal of Pacific Studies 36.1 (2016): 53-72.
Australian Migration Act (Cth.) 1958
Australian Migration Regulation 1994
Bulley, Dan. Migration, ethics and power: spaces of hospitality in international politics. Sage,
2016.
Chilingarov, N. S., et al. "Cerium Tetrafluoride: Sublimation, Thermolysis, and Atomic
Fluorine Migration." The Journal of Physical Chemistry A 119.31 (2015): 8452-8460.
Crock, Mary, and Kate Bones. "Australian exceptionalism: temporary protection and the
rights of refugees." Melb. J. Int'l L.16 (2015): 522.
Fozdar, Farida. "Becoming Australian: Migration, settlement and citizenship [Book
Review]." Australasian Review of African Studies, The 38.1 (2017): 138.
Hawthorne, Lesleyanne, and Anna To. "Australian Employer Response to the Study‐
Migration Pathway: The Quantitative Evidence 2007‐2011." International Migration 52.3
(2014): 99-115.
Kerr, Duncan. "Reviewing the reviewer: The administrative appeals tribunal, administrative
review council and the road ahead." Ethos: Official Publication of the Law Society of the
Australian Capital Territory 238 (2015): 10.

8MIGRATION LAW
Luker, Trish. "Decision making conditioned by radical uncertainty: credibility assessment at
the Australian Refugee Review Tribunal." International Journal of Refugee Law 25.3 (2013):
502-534.
Richards, Kelly, and Samantha Lyneham. "Help-seeking strategies of victim/survivors of
human trafficking involving partner migration." Trends and issues in Crime and Criminal
Justice 468 (2014): 1-10.
Segrave, Marie, et al. "Submission to the Senate Legal and Constitutional Affairs Committee:
Migration Amendment (Family Violence and Other Measures) Bill 2016." (2016).
Thomas, Kevin JA, and Christopher Inkpen. "Foreign student emigration to the United States:
Pathways of entry, demographic antecedents, and origin‐country contexts." International
Migration Review 51.3 (2017): 789-820.
Vaughan, C., et al. "Promoting community-led responses to violence against immigrant and
refugee women in metropolitan and regional Australia: The ASPIRE Project: Key findings
and future directions." (2016).