Stella from Ireland met Joel who was holidaying in Ireland. Joel lives in Bondi, Sydney and is an Australian citizen and is on the TV show, Bondi Rescue. Not long after meeting each other, they started a relationship.
In October 2016, Stella was granted a twelve-month Visitor (Class FA) (subclass 600) visa with condition 8503 imposed on it. She arrived in Australia in November 2016.
Joel and Stella continued their relationship and moved in together. Subsequently they married in a small beach ceremony in Bondi, Sydney, on 1 April 2017. A clip of the ceremony will be shown on an upcoming episode of Bondi Rescue with their consent.
Today, the couple came to see you to discuss Stella’s immigration situation. Stella’s visa will expire in two weeks and she desperately wants to remain in Australia. During the initial meeting, you discovered that Joel has had a long-standing psychiatric condition that has required treatment over a number of years. However, the stress of the possibility of Stella having to leave Australia has exacerbated his illness to the level where he is no longer able to work as a lifeguard and may lose his job on Bondi Rescue. They are also worried that the tabloids will get wind of the situation and publicise it, which would make the situation worse for Joel. Stella and Joel have had to move into Joel’s parents’ house and Stella needs to care for Joel. Joel’s parents are elderly and are unable to care for him. Joel’s
treating doctors and psychologist are concerned about his deterioration and the effect of the stress from the uncertainty of whether Stella can remain in Australia.
Stella and Joel are hoping that Stella will be able to stay in Australia by applying for a partner visa. They want your advice about whether she can apply for a partner visa while in Australia and your help to achieve this.
What advice would you give Stella about whether or not she can validly apply for a partner visa while in Australia? Explain your advice by reference to relevant legislative provisions.
Based on your advice in 1, on behalf of Stella, prepare any necessary submission to the Department of Immigration and Border Protection. Include a list of any supporting documentation that you would need to provide.
Write a Letter Of Advice to Stella advising whether she has any merits review options if the submission is not accepted.
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