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Immigration Law: Visitors And Partners Visa

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Question:

Discuss about the Immigration Law for Visitors and Partners Visa.

 

Answer:

If Lily wants to plea against the termination of visa then she can adopt the method which have been mentioned below as it has been clearly stated that:

If an individual’s visa have been declined or rejected, then he/ she may able to have the verdict which have been passed to be appraised by a merits review court, the Administrative Appeals Tribunal (AAT). AAT have been an autonomous institute that appraises management conclusions. But not all the verdicts have been analyzed by the AAT like if the Minister for Immigration and Border defense has in person decided to decline or abandon somebody’s visa under section 501 of the Migration Act 1958 then it cannot be assessed by AAT.[1]

Similarly, if lily wants to apply for appeal she can do so within the time which has been specified below:

But if an individual want to get their visa restored then they would necessitate applying for restriction to be imposed on the Department’s creative conclusion to cancel the visa.

There has been a stern time perimeter for pertaining for cancellation:

If a worker from the Department offered the individual a memo, then the person have only 28 days to apply for cancellation from the date of the letter.

If the Department sent a memo to the individual in the post, then they would only have 35 days to apply from the date of the letter.

If the Notice of Visa termination was posted to the applicant then the date which would be considered as notified for the verdict  within 7 working days from the date on the notice as specified under section 68A of the Administrative Appeals Tribunal Act, 1975.[2]

If an individual miss the target to pertain, then he would not be able to pertain for cancellation. The individual could be detached or banished from Australia once the individual finish their condemnation.

 

No, Lily cannot apply for partner visa after cancellation of her visitor visa as it has been clearly specified that the partner visa subclasses 820 and 801 permits the partner or de facto collaborator of an Australian Inhabitant, everlasting inhabitant or entitled New Zealand inhabitant to live in Australia. But in order to get this visa, the individual must be wedded to or in a de facto connection with an Australian inhabitant; Australian Permanent inhabitant; or eligible New Zealand inhabitant. Under section 501E of the Migration Act, 1958[3] some other conditions have been mentioned defining the denial or annulment of visa restriction on applying for other visas.

The person must be in an authentic and continuing relationship and must subsist with their colleague or if they don’t any partition must be only provisional.

Similarly as per section 48 of the Migration Act 1958[4] it has been clearly stated that it confines an individual from applying from another visa while in Australia except for some prescribed visa classes. Therefore, as mentioned above that partner visa sub class 820 as mentioned in schedule 1 of the Migration Regulation Act, 1994[5] can be applied for even if a visa has been canceled previously. So, Lily in this case can file a partner visa even after termination of her visitor visa as per the exception of section 48.[6]

Yes, lily can make a plea to the Administrative Appeals Tribunal (AAT). As the Department sent a letter by post, so lily can apply for plea only within 35 days to apply from the date of the letter. An appliance fee of A$1,673 was owed in all cases, except when pertaining for appraisal of a conduit visa verdict that resulted in a person being placed in immigration custody. Although, the fee can be abridged to $836.50 if the court makes a result in the applicants good deed or was happy that the sum of the full fee has caused or was likely to cause severe fiscal adversities.

As the tribunal was pleased that the association was now authentic, that the court lined in favor of lily and determined to remit her case back to DIBP as she was pregnant with Bob’s child and fronted up to the court with her new baby. Also as per the stipulation of Partner visa 820 and 801 as there has to be a reliable adolescent so therefore court can take this new enlargement into deliberation in making its conclusion.

Yes, in this circumstance lily can get her fees which she has paid earlier back in hand as she paid the sum for the plea and it was pending but at the same time the case went back to the original point from which it got started. It has also been clearly stated that if a person have paid a fee and the case was resolved in his or her favor, then the AAT would refund the most of the fee in many cases. So, therefore she would be appropriate for getting the repayment amount which she paid for initiating a plea which she would not necessitate now as the stipulation of a reliable youngster have been satisfied now. 

 

Bibiography

(A) Legislation 

Administrative Appeals Tribunal Act 1975, 

Migration Act 1958 (Cth) 

Migration Regulation Act 1994 (Cth)

OR

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