Criteria: The ‘central criterion’ = ‘the visa applicant is the ‘spouse’ of the sponsoring partner as defined in s 5F(2) of the MA. (a) married under a marriage that is considered ‘valid’ un the MA. (b) ‘have a mutual commitment to a shared life as a married couple to the exclusion of all other. (c) […]
Genuine Student requirement The Genuine Temporary Entrant (GTE) requirement was replaced wth a Genuine Student (GS) requirement. effective on and after 23 March 2024. [ ] GS does NOT apply to student visa applications lodged before 23 March 2024. All applicants for a student visa must be a genuine applicant for entry. They must stay as a […]
Legislation: reg 2.72 [1] AMSR determination site https://www.jobsandskills.gov.au/data/labour-market-insights/occupations#earnings –> Search: metal fabricator
Provision: Reg 2.03A Criteria applicable to de facto partners (1) ,,, if a person claims to be in a de facto relationship for the purposes of a visa application, the criteria in subregulations (2) and (3) are prescribed. (2) If a person mentioned in subregulation (1) applies for a visa: (a) the applicant is at least 18; and (b) the person […]
Practice Note: [ ] [Whether spousal relationship – whether Tribunal treated r.1.15A matters as “requirements” rather than factors to be considered] Arhbal v Minister for Immigration & Anor [2016] FCCA 1963 (15 August 2016) http://www.austlii.edu.au/au/cases/cth/FCCA/2016/1963.html
Cases: [1] MZYPZ v Minister for Immigration and Citizenship [2012] FCA 478 (9 May 2012) per Bromberg J –whether compelling reasons existed for waiving requisite criteria in cl 820.211(2)(d)(ii) Applicant could not satisfy criterion 3001 and, accordingly, the issue was whether it was satisfied that there were ‘compelling reasons’ not to apply the criteria. […]
Issue: what is the correct test for determining whether the applicant’s marriage is genuine? “The true test, we would suggest the only test, is whether at the time at which the matter has to be decided it can be said that the parties have a mutual commitment to a shared life as husband and wife […]
Topic: A non-citizen on a Tourist/Short stay (Subclass 676) visa subject to 8503 was granted a Temporary Partner (Subclass 820) visa “inadvertently” or without express grant of a waiver. Is this person eligible for a Permanent Partner (Subclass 801) visa? Discussion: Sevim v MIMA [2001] FCA 1597 (12 Nov2001) per Gray J at [26]-[66]
PARTNER VISA IF SPONSOR DIES BEFORE 820 VISA GRANT Source: https://immi.homeaffairs.gov.au/change-in-situation/death-in-family If your partner visa sponsor dies you must tell us as soon as possible Complete the Notification of Relationship Cessation form in the ‘Update Details’ tab in ImmiAccount. If you are having trouble completing this form in ImmiAccount, complete the Partner Processing Enquiry Form. You may still get […]
Legislation: [1] Section 140GBA – LMT Condition Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018 [2] ITO exemption Migration (International trade obligations relating to labour market testing) Determination (LIN 21/075) 2021 – Compilation no.2 Migration (International trade obligations relating to labour market testing) Determination (LIN 21/075) 2021 – Compilation no.1 […]
