Narelle Patel arrived in Australia from India on a three month Visitor (Class FA) subclass 600 visa (with conditions 8101 and 8201) to visit a friend, James, whom she met in India whilst James was studying there. James was doing a course to become a yoga instructor.
The Department’s officers visited James’ yoga studio one month into her visitor visa and discovered that Narelle was working there as a receptionist and being paid $30 per hour. Following the visit, the Department sent Narelle a Notice of Intention to Consider Cancelling he visa after she admitted to working as a receptionist at the studio.
(a) What is the likely cancellation power that the Department used to cancel her visa?
Narelle’s visa was cancelled and she was taken into Immigration Detention. However, she was released upon payment of a $10,000 bond by James, on condition that she depart Australia voluntarily within two weeks. Narelle decided that she did not want to go back to India as there was nothing much back home in India for her and she and James decided to get married. She and James got married in a simple registry wedding. She has now been unlawful for two months. Yesterday, she lodged an application for a Partner (class UK/BS) subclass 820/801.
(b) Can Narelle make a valid visa application for a Partner (class UK/BS) subclass 820/801 visa even after her Visitor visa was cancelled? What Bridging visa would she hold? What conditions would be attached to the Bridging visa? Quote the legislative basis.
Narelle’s application for the Partner visa was rejected by the Department on the basis that they were not convinced that she was in a genuine and ongoing relationship with James. The refusal letter was sent to Narelle’s address by registered post. Narelle wants to appeal against the visa refusal decision.
(c) Would she have to make another application for a Bridging visa? What Bridging visa would she now hold?
After lodging an appeal with the Tribunal, Narelle’s application for the Partner visa was refused and she wishes to either apply for judicial review to the Federal Circuit Court or apply to the Minister of Immigration to exercise his discretion in the public interest.
(d) In these circumstances, what Bridging visa would she hold in each instance and would she have permission to work?
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