Graduate Diploma in Migration Law: Partner Visa Analysis

This assignment analyzes the complexities of Australian partner visas, focusing on the requirements for both onshore and offshore applications. It delves into the critical aspects of the application process, including the need for accurate and consistent information, the importance of providing genuine documentation, and the common mistakes that lead to visa rejections. The analysis explores the different types of partner visas, such as the Provisional Partner Visa (Subclass 309) and the Migrant Partner Visa (Subclass 100), and outlines the eligibility criteria for each. The assignment also addresses the sponsor's obligations, healthcare and character requirements, and the legal precedent set by the SZOXP v Minister for Immigration and Border Protection case. The document highlights the significance of understanding de facto relationships within the context of migration law and the consequences of providing false or misleading information. It also includes a discussion on the Administrative Appeals Tribunal and the review process for rejected applications.

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

1MIGRATION LAWS IN AUSTRALIA: PARTNER VISA ANALYSIS
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

2MIGRATION LAWS IN AUSTRALIA: PARTNER VISA ANALYSIS
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).

3MIGRATION LAWS IN AUSTRALIA: PARTNER VISA ANALYSIS
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).

4MIGRATION LAWS IN AUSTRALIA: PARTNER VISA ANALYSIS
 Inconsistent information is considered an offence and applications are often cancelled
due to insufficient, incorrect and inconsistent information.
 To entrust the Home Affairs Department with the correct information is pivotal and
any change in the address or in any information of either applicants must be conveyed
to the Department to avoid conflicts.
 Information of the relationship must be elaborate and must not be precise, since it acts
as the foundation of the Partner Visas8.
 Key dates and specifics of such relationships including anniversary date, birthdays of
each partners and if they are married in any other country must be mentioned in
details.
 The financial facet of the relationship including, the number of bank accounts, how
one pays a bill, how they cut down expenses or how they intend to access or utilize
their funds must be mentioned.
 The social aspect should also be mentioned includes what the couple intends to do on
the weekend , the common interests, vacation plans.
 The household aspect must include location, household routines and daily household
work distribution.
 An application for Partner Visa must be honest and there should be an honest claim in
such application supported by honest evidences and information.
 Social media information and public record should equally be updated and should not
contradict information provided in the application.
 A specialist immigration lawyer is always recommended as officials like him can
guide and aid to the required.
8 Karlsen, Elibritt. "Refugee resettlement to Australia: what are the facts?." (2016).

5MIGRATION LAWS IN AUSTRALIA: PARTNER VISA ANALYSIS
The consequences to these above general mistakes result in the cancellation of the
applications by the Home Affairs Department9. A Visa refused, cancelled and terminated on
character issues will be denied a Visa barring any Protected Visa.
Answer 3:
Offshore Partner Visa applications are made when the applicants are outside the
Australian sub continent. An applicant has the options of, Prospective Marriage Visa, De
Facto Provisional Visa, De Facto Permanent Visa, Interdependency Visa. Temporary and
Permanent Visas can be applied at the same time and the Temporary Visa is provided upon
meeting all the initial requirements and a Permanent Visa is given within 2 years of the said
date. To obtain the Permanent Visa one must continue to meet all the prescribed legal
requirements and also give evidence of a continuing relationship10. In certain instances a
Permanent Visa is given prior to the prescribed 2 years time provided that they have been
spouses for 5 years or there is a child or children for 2 years or more. Protection Visa or a
Permanent Visa has been granted under the humanitarian program and that they were in an
alliance ahead of the time period of the Visa grant.
The eligibility criterias for applying Offshore Partner Visas are:
Provisional Partner Visa, (Subclass 309)
 The applicant should be outside the geographical boundaries of Australia.
 The applicant must be a de facto partner or must be married to an Australian citizen or
must be a permanent citizen of New Zealand.
9 Robertson, Shanthi, and Anjena Runganaikaloo. "Lives in limbo: Migration experiences in Australia’s
education–migration nexus." Ethnicities 14.2 (2014): 208-226.
10 Jenkinson, Rebecca, et al. "Building a New Life in Australia: Settlement experiences of recently arrived
humanitarian migrants." Journal of the Home Economics Institute of Australia 22.3 (2015): 22.

6MIGRATION LAWS IN AUSTRALIA: PARTNER VISA ANALYSIS
 The applicant at the time of application must be of atleast 18 years of age. This is
applicable to both the de facto partners and spouses.
 The applicant should have a sponsor most likely a legal guardian, who is either an
Australian citizen, or a permanent, or an eligible citizen of New Zealand in case the
applicant is less than 18 years of age.
 The applicant should meet all health care and character formality requirements.
 In case of any debts taken from the Australian Government, the applicant must repay
all debts before the grant of the Visa11.
Migrant Partner Visa, (Subclass 100)
 The applicant must be holder of a Temporary Partner Visa (Subclass 309)
 The applicant must be in the same relationship and hold the status of a de facto
partner or spouse. Certain special considerations are allotted otherwise based on some
specified circumstances12.
 The applicant must follow all rules and regulations specified in the Temporary Partner
Visa (Subclass 309).
Healthcare and Character Requirements
 Reports of health reports and reports of tests and checkups done within 12 months of
the Visa application13.
 Certificates from the Police of countries the applicant has stayed in. The duration of
stay however has been constricted to atleast 12 months and more and the reports of
such stays should date back to last 10 years and continuing.
11 McDonald, Peter, S. E. Khoo, and B. Edgar. "The role of family migration in Australia’s permanent migration
program." Policy discussion paper’, report to the Department of Immigration and Citizenship (2013).
12 Hughes-Brown, Liz Huang. "Partner visas: Love in the time of regulation." Ethos: Official Publication of the
Law Society of the Australian Capital Territory 247 (2018): 20.
13 Newman, Louise, Nicholas Proctor, and Michael Dudley. "Seeking asylum in Australia: immigration
detention, human rights and mental health care." Australasian Psychiatry 21.4 (2013): 315-320.

7MIGRATION LAWS IN AUSTRALIA: PARTNER VISA ANALYSIS
Sponsor Obligations
 Accommodation to applicants for two years14.
 English speaking and writing courses if required.
 Child care support if necessary.
Answer 4:
SZOXP v Minister for Immigration and Border Protection [2015] FCAFC 69 is an appeal.
The Precedent is Minister for Immigration and Border Protection v SZOXP & Anor [2014]
FCCA 565. SZOXP was the Appellant, Minister for Immigration and Border Tribunal was
Respondent One and the Migration Review Tribunal was Respondent Two. The case was
decided in the General Division of New South Wales District Registry, an Australian Federal
Court. This was dealt with on appeal from an Australian Federal Circuit Court. The
judgement to this case reads;
 Allow of Appeal
 Orders of Federal Circuit Court dated March 26, 2014 to be accumulated and in place
of the said order, another previous order dated April 17, 2013 to be sent away.
 Expenses incurred including the appeal costs, the application costs, calculated not
more than $14,971, in the Australian Federal Circuit Court is to be paid by the First
Respondent.
The question arose regarding the term de facto relationship and one of its provisions in the
Migration Act 1958 and the issue was such where two consenting adults in a relationship are
not cohabiting together, but has the prerogative to do it shortly. SZOXP who was an appellant
applied to the Minister for the grant of a Provisional Visa which got rejected by the Minister
14 Ghafournia, Nafiseh, and Patricia Easteal. "Spouse Sponsorship Policies: Focus on Serial Sponsors." Laws 6.4
(2017): 24.

8MIGRATION LAWS IN AUSTRALIA: PARTNER VISA ANALYSIS
on the ground that the appellant’s fiancée and him did not share a de facto relationship. The
appellant wanted a review by the Migration Review Tribunal. The Tribunal essayed that the
appellant and his betrothed does share an effective existing relationship and met with all such
criterias. Further, a judge of a Federal Circuit Court criticized the judgement stating there was
an error in the judgement and that the appellant and his betrothed did not satiate the criteria
and “live separately and apart on a permanent basis”. This was said to be a scenario where
couples reside together and have separated for a short period of time with the intention to get
back cohabiting. The appellant in this case had not stayed together before the Visa
application15.
However, certain reasons specify that the decision of the Tribunal did not contain any
error and that there was no need for any criteria to be met with. These reasons therefore are:
 Issue and Facts of the case.
 Background to the case.
 Section 5CB of the Migration Act affirms, de facto relationships are
those that involves the presence of a de facto partner and an unmarried
relationship with each other suiting to the purpose of Section 5F and
that they promise of being mutually exclusive to each other, and
having of faith and a continuing relationship. They should cohabit or
stay separately but the promise of resuming cohabitation should also be
present. Lastly, the de facto partners should not be related through
family16.
 The context of living separately and having the intent to resume
cohabitation leads to the understanding of the fact if they were
15 Hurley, Thomas. "Case notes: The latest from the high and federal courts." LSJ: Law Society of NSW Journal
15 (2015): 95.
16 McAdam, Jane. "Australia and asylum seekers." (2013): 435-448.

9MIGRATION LAWS IN AUSTRALIA: PARTNER VISA ANALYSIS
cohabiting together at the time of the application. If they were not
cohabiting, whether they intend to get back.
 The authorities relied upon the genuineness of the parties.

10MIGRATION LAWS IN AUSTRALIA: PARTNER VISA ANALYSIS
References
Ghafournia, Nafiseh, and Patricia Easteal. "Spouse Sponsorship Policies: Focus on Serial
Sponsors." Laws 6.4 (2017): 24.
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.
Hughes, Peter, and Arja Keski-Nummi. "BEYOND OPERATION SOVEREIGN BORDERS
A LONG-TERM ASYLUM POLICY FOR AUSTRALIA." (2016).
Hughes-Brown, Liz Huang. "Partner visas: Love in the time of regulation." Ethos: Official
Publication of the Law Society of the Australian Capital Territory 247 (2018): 20.
Hurley, Thomas. "Case notes: The latest from the high and federal courts." LSJ: Law Society
of NSW Journal 15 (2015): 95.
Jenkinson, Rebecca, et al. "Building a New Life in Australia: Settlement experiences of
recently arrived humanitarian migrants." Journal of the Home Economics Institute of
Australia 22.3 (2015): 22.
Jenkinson, Rebecca, et al. "Building a New Life in Australia: Settlement experiences of
recently arrived humanitarian migrants." Journal of the Home Economics Institute of
Australia 22.3 (2015): 22.
Karlsen, Elibritt. "Refugee resettlement to Australia: what are the facts?." (2016).
Lyneham, Samantha, and Kelly Richards. "Human trafficking involving marriage and partner
migration to Australia." (2014).

11MIGRATION LAWS IN AUSTRALIA: PARTNER VISA ANALYSIS
Mares, Peter. Not quite Australian: How temporary migration is changing the nation. Text
Publishing, 2016.
McAdam, Jane. "Australia and asylum seekers." (2013): 435-448.
McDonald, Peter, S. E. Khoo, and B. Edgar. "The role of family migration in Australia’s
permanent migration program." Policy discussion paper’, report to the Department of
Immigration and Citizenship (2013).
McDonald, Peter. "International migration and employment in Australia." Population Review
54.2 (2015).
Newman, Louise, Nicholas Proctor, and Michael Dudley. "Seeking asylum in Australia:
immigration detention, human rights and mental health care." Australasian Psychiatry 21.4
(2013): 315-320.
Robertson, Shanthi, and Anjena Runganaikaloo. "Lives in limbo: Migration experiences in
Australia’s education–migration nexus." Ethnicities 14.2 (2014): 208-226.
Robertson, Shanthi, and Anjena Runganaikaloo. "Lives in limbo: Migration experiences in
Australia’s education–migration nexus." Ethnicities 14.2 (2014): 208-226.
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.