Letter Of Advice Describing Sponsorship Policies In Australia’s Migration Laws

Question

1. Write a letter of advice to Michael, advising him on the matter of sponsoring his spouse Holly to Australia. With the help of the government policies and legislations, inform him if he might be able to do so or not. (Only articles related to the sponsorship issue are to be included, and refrain from referring to the partnership visa requirements)
2. In David's behalf, draft reports outlining the requirements to be fulfilled due to his position as an illegitimate non-citizen to the case officer.

Answer

1. Letter of Advice

Dear Michael,
Firstly, glad you shared with me. I regret the situation you find yourself in. None the less, I am delighted to hear that you are happy in the current relationship with your spouse and are hopeful to settle down with her in the future. In regards to your concern, I am responding on the matter if you are eligible to sponsor your third wife, Holly. Upon carefully considering your situation, I am delighted to tell you that by Australia's Immigration Laws you are eligible for sponsorship. But to successfully qualify, there are certain things you should keep in mind. This is a letter of advice in which I shall notify you about the various policies and legislation stipulated in the Migration Act so that you can prepare accordingly.

As you have citizenship and are a permanent resident, you are entitled to sponsor your spouse. You are eligible as you qualify the required criteria as the Migration Act. No major complications should be faced by you in this matter.

Since you welcomed two other individuals as your partner to Australia, your case might face some issues, but that can be argued with since your last spouse passed away. In this situation, the legislation could have constrained you if your second partner received a legal residency due to domestic abuse if you had separated from the marriage.

Next, in case you sponsored another fiancé over the last 5 years, the regulation could prohibit you from doing so. Since, the last time you sponsored either of your previous wives has surpassed the statute of limitations, you may apply to bring Holly to Australia.

Due to the unfortunate nature of your separation from Jan, you are entitled to sponsor Holly, but to prove the passing of Jan, you will have to provide sufficient proof in the form of a death certificate.

Considering your commitment to your relationship with Holly, the Migration Act has provisions, which allow you to settle down with her and start a family together. The Act will provide you with an opportunity to show your dedication and sincerity by allowing you to sponsor your current partner, regardless of the past two occurrences.

In addition to this, since you are expecting a child with Holly, the Act, will have to approve the sponsorship request without any restrictions. It shall be forced to drop any restrictions because you are an expecting father and hence you are permitted to sponsor Holly in Australia.

Yours Sincerely,
Aron Smith
Migration Officer, Australia

2. Partner Visa Report
For the last 4 years, David had been an illegal resident of this country. He was shunned by his father because of the nature of his sexuality. David has been in a committed relationship with a man named Bruce since last 3 years. The accompanying report provides representations that identify David as an illegitimate citizen to be given a partner's visa so that he may be sponsored to Australia.

Due to reasons beyond his power, David had become an illegitimate resident of Australia. David along with his family had been allowed on a temporary work visa to Australia. David was just 17 years old back then. David was disowned by his father when he came out as a homosexual and thus he had to live by himself without any support from family. After four years the tenure of the work visa of his parents had expired and then they went back to England. David faced his control conditions that led to difficulty in applying for another substantial visa. It can be noted that due to reasons beyond his control, David now only has the option to apply for a separate visa.

Additionally, there have been strong arguments as to why David should be granted a visa. David and his partner Bruce are in a stable long-term relationship. For the past 3 years, they have lived together as a couple and their relationship is legitimate. Since Bruce is a permanent resident of Australia, he is entitled to sponsor a partner to the country. It should also be taken into account that David was segregated from his family which made it substantially difficult for him to apply for a separate visa.

On the other hand, David fulfilled all the stipulations to his pre-existing visas positively. Throughout his stay, no criminal case has been filed against David to the relevant authorities. It indicates that he upheld the terms set out in his formal visa.

David plans to obey all the terms of the visa. Since the ailment of his partner, David is positive and willing to cooperate. Bruce, David's boyfriend has been diagnosed with bone cancer which needs surgery to combat it. Throughout this process, he also needs his companion to be around as he's going to be out of work and constrained on what to do at home.

Bruce, who has volunteered to sponsor David, is a qualified individual. He fulfils all rules and conditions under the Migration Act to sponsor a spouse or partner. He is also not restricted to sponsoring a partner under any Department of Immigration and Border Protection (DIBP) laws and policies. In the past, Bruce has not funded any partners to Australia, nor has he sponsored anybody over the last 5 years.

The relationship between David and Bruce is real. They have dedication towards each other that includes shared life as a married couple. They're in an open relationship, and Bruce thinks he can't stand the painful situation on his own and wants David by his side.

David passes the test for fitness and personality required for a partner visa. David does not have a history of misdemeanours or risks for wellbeing.

David and Bruce are living in the same house at the time of initiating a partner visa. For the last three years, they have been staying with each other. They've been together or sufficient time and it's clear they're expressing mutual responsibility.

There's no bond of blood between Bruce and David. David is British, whereas Bruce is Australian. In spite of originating from different countries, they are held together only by a marital relationship. There are speculations present that blood and marriage relations do not apply to David Bruce. They met separately and developed a relationship that culminated in a family membership.

References
Groves, M.N., 2012. Immigration Refugees and Forced Migration-Law, Policy and Practice in Australia by Mary Crock and Laurie Berg. Australian Journal of Administrative Law, 19(3), pp.167-168.

Cope, A., Fernandez, R., Gerkens, M., Quik, C. and Yau, D., 2007. Australian Immigration Companion: practical problems and solutions with an introduction to migration law & visa application procedures.

Vrachnas, J., Bagaric, M., Dimopoulos, P. and Pathinayake, A., 2011. Migration and refugee law: Principles and practice in Australia. Cambridge University Press.

Ruddock, P., 2000. Refugee claims and Australian migration law: a ministerial perspective. UNSWLJ, 23, p.1.

Ghezelbash, D., 2017. Legal Transfers of Restrictive Immigration Laws: A Historical Perspective. International & Comparative Law Quarterly, 66(1), pp.235-255.

Bauder, H., 2006. Humanitarianism, Identity, and Nation: Migration Laws of Australia and Canada.

Crawford, D., 2004. Australian Immigration Law and Practice, a Practical Course in Knowledge of Migration Law Procedure: Temporary Visas. University of New South Wales, Faculty of Law, Continuing Legal Education.