LAW 2250 Australian National University Australian Migration Laws Paper
Question Description
ou are to prepare a formal advice letter to the client based on the scenario. The letter should be
set out as a letter, and references should be in footnotes in accordance with AGLC4.
Question 1Mary BonnetMary, a Canadian citizen, met Dave, an Australian citizen, when Dave was travelling around Europe 2years ago. They started a relationship online and Mary came to Australia in December 2018 on a417 working holiday visa. Three months after she arrived in Australia, in March 2019, she moved inwith Dave as his partner.Mary has never been married or had a de facto relationship before. Dave is 10 years older thanMary and he previously was in a relationship with an Australian but that relationship broke up aboutthree years ago. His former partner had been granted an Apprehended Violence Order (AVO) by aLocal Court in Sydney against Dave.After living together for seven months by October 2019, Mary decided to get advice about her visawhich was due to expire in 2 months. Mary was advised she could apply for a de facto partner visaafter 12 months together, or if she and Dave registered their relationship, then she could applysooner. Dave was reluctant to register the relationship, fearful the AVO might somehow bedisclosed, but he eventually agreed as Mary said her visa was about to finish in about 2 months andshe could not stay unlawfully in Australia. Their relationship was registered and Mary lodged apartner visa online in November 2019. Mary was issued a bridging visa A and that started inDecember 2019 after her working holiday visa ceased.In early April 2020, Dave and Mary had another fight about Dave’s drinking.
Dave was working fromhome because of COVID19 and he started drinking more. Mary said he drank too much and becameaggressive. Dave said she was being silly and he yelled at her. Dave is very fit and played footballevery weekend before they had to stop due to social isolation. Mary is smaller than Dave and whenDave gets angry, she becomes afraid of him because he is so much bigger and stronger than she is.On 25 September l 2020, Dave drank quite a lot of alcohol whilst speaking for an hour or so with hismates on the phone, and then threatened Mary that he would ‘send her back to cold Canada’because she kept complaining about his drinking whilst he was talking with his mates. He also saidMary could be ‘kicked out’ because he said their relationship was now over and he would tellImmigration. Dave yelled at Mary as she left that she was a whinger, just like his ex-partner.Dave told Mary to get out of the home, so Mary went by taxi and stayed with her best friend Kim,who was one of her partner visa witnesses. Kim told Mary she should call the police but Mary wasafraid she would be kicked out as Dave threatened.Kim told Mary about Dave’s ex-partner claiming that Dave had threatened her, but Kim did notbelieve Dave’s former partner at the time because Kim thought she was saying it just to get even
a) Is there a way Mary can still be granted a partner visa even though her relationship hasceased?
b) What steps can Mary take in response to the notice from Immigration?
c) What criteria is required for a claim of family violence?
Advise Mary about what she should provide to Immigration in response to their request for furtherinformation about the partner visa applications, subclass 820 / subclass 801.
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