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SCENARIO: Jason Bourne is an Australian citizen who travelled to Britain and Europe on a two-year ‘rite
of passage’ tour. Whilst there, Jason met and befriended Emma Brielle, a French citizen
living in Nice. Jason and Emma soon became lovers and had been living together in an
apartment for six months when Jason received word that his mother was gravely ill back
home in Adelaide. So he came back to Australia, but he promised Emma that he would
sponsor her to come to Australia as quickly as possible.
Jason’s mother passed away soon after Jason got home. After a short mourning period,
Jason approached you, who have just obtained your migration agent registration, having
successfully completed the Graduate Certificate course. Jason says he cannot go overseas at
the moment as he is the executor of his mother’s will and there are quite a lot of matters
that he needs to attend to. Jason asks you whether he can sponsor Emma to come to
Australia as his defacto spouse.
(a) What is the definition of a ‘defacto partnership’? Does Emma qualify as Jason’s
defacto partner? What other option would you recommend to Jason in the
Emma did eventually arrive in Australia and married Jason. She found work readily in a
McLarenvale vineyard as she graduated in France with a diploma in viticulture and had
experience working in the Bordeaux region. Some three years later, Emma was granted
permanent residence and she and Jason, together with their newborn daughter Dani, are
living happily together in Adelaide.
Last week Emma received disturbing news from her parents in France, telling her that her
brother Pierre and her sister Michelle’s husband had been killed in the terrorist attack in
Nice and her sister Michelle was injured. Emma went home immediately to be with her
parents in their hour of need. Her parents told Emma they do not feel safe in Europe any
more, what with the recent attacks in France, Belgium, and Germany. They ask Emma
whether there is any possibility for them to come to Australia as well.
With her brother Pierre dead, Emma now only has one sister, Michelle, left. Her parents are
now aged 62 and 58 respectively. Emma rang Jason to ask if he has any objection to her
parents coming to Australia to stay with them. Jason told Emma her parents would be most
(b) What visas are available for Emma to sponsor her parents to come to Australia? Of
the visas that are available, which would you recommend as being the best option?
With Emma’s sponsorship, her parents were eventually approved for migration to Australia.
That leaves Michelle, now widowed with a 5-year old son, still in France.
(c) Under the circumstances, is there any family visa that would enable Michelle to come
and live in Australia with the rest of the family permanently?
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