Scenario:

Mariam is a UK citizen of Iraqi background. She was studying for a Masters in Business at a University in Australia when she met Mustafa in March 2018. Mariam’s visa ceased 1 July 2019.

Mustafa is an Australian citizen who was born in Iraq. Mustafa’s family live in Iraq and he came to Australia and was granted a permanent protection visa (subclass 866) in 2012. Mariam’s family all live in the UK. Both families are very traditional and religious and by chance their fathers know each other from Baghdad University in the early 1980’s.

Mariam and Mustafa start living together in June 2018 but neither tell their family because it would not be accepted to live together before marriage. Mariam becomes pregnant and her baby is due in July 2019.

Mariam becomes unwell from the pregnancy and she is unable to attend class. The University asks her for a medical certificate but she is afraid to send it because it will show she is pregnant and she fears the University will tell her parents who are paying for the study. Mariam gets counselling from the University Student Counselling service and they explain to her that the University will not tell anyone about her health or pregnancy without her permission.

Mariam gets a medical report to show that there are some complications with the pregnancy and she will need to be admitted to the hospital two months before the baby is due. Mariam goes to the hospital in May and she has a premature baby on 16 June 2019. The baby is named Omar after Mustafa’s grandfather. Baby Omar is an Australian because Mustafa is an Australian citizen.

Mustafa is very worried about his partner and wants to tell his family but Mariam says she is too worried that the news will get to her parents who are very traditional and strict. She told Mustafa about a distant cousin who was assaulted for having a relationship before marriage.

Mariam and the baby Omar finally come home in mid July. Only then does Mariam realise her visa has ceased and she starts to panic. She receives a message on Facebook from a cousin in the UK who says she heard that Mariam had a boyfriend and was married and had a baby and wants to know if the story is true. The cousin says Mariam’s brother has been asking her about what she is doing as the visa has finished. Mariam is very worried because she and Mustafa are not married and they have a baby and she fears that her family will disown her.

Mariam is now suffering post-natal depression and is getting treatment for this. The doctors are hopeful that she will be better by the end of the year.

Mustafa comes to see you about advice for Mariam and the baby. He wants to know if he can sponsor Mariam even though they are not married, and her visa has ceased. He tells you his friend told him Mariam would have to leave Australia because she was now ‘illegal’.

(1) Write a letter of advice to Mustafa and Mariam about their options for a partner visa. (30 Marks) (2000 words)

(2) Would it make any difference to the partner visa application if Mariam’s visa had been cancelled on 20 June 2019? If yes explain why and if no explain why not (10 marks) (500 words)

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