Attitude, Aptitude and Analytics. These qualities make an expert lawyer.
Law can be defined as the rules of conduct approved and enforced by the government of and over a certain territory.
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Question: You have recently obtained registration as a migration agent. Susan comes to your office today and asks whether there is anything you can do to help Irina with her visa status. Susan tells you Irina lodged an application for a Partner visa with the Department of Immigration and Border Protection in Adelaide the very day she got married to Bobby and before the unfortunate incident at the wedding reception, but she has not heard anything from the Department apart from an acknowledgment to say they have received her application and will be looking at it in due course. Susan also tells you that she is a qualified social worker at the Barossa Citizens Advice Bureau and has been consulting Irina in her professional capacity. Susan will be happy to help Irina with her visa application in whatever way she can. Advise Susan accordingly. Your answer must be supported by reference to specific provisions in the legislation.
Answer: (Please note that, this is not the entire Q&A. This is only part of the entire assignment)
This case scenario shows that Irina Shiranova had submitted an application for partner visa. My take is that she should have received a positive response from Department of Immigration and Border Protection. May be there was a delay in communication somewhere and therefore Irina needs to make a follow-up. The right to get permanent residency is envisaged in “Australian Citizenship Act 2007 “. Moreover, the term “spouse” is well defined in the “Migration Act 1958”. Under this the Migration Act of 1958, two people are considered as married to one another when the marriage is basically valid based on Australian law which was not the case in this scenario (FCG 2017, 1) 3 . The Act also requires that the must be a mutual consent between the wife and husband; the relationship between the couples should be continuing and genuine; and finally the couple must live together and must not remain separated permanently. Susan needs to inform Irina that she needs to abide by the aforementioned section of the Migration Act 1958 if she requires the Partner visa. However, based on the current circumstances, she is not willing to stay with Bobby Burns as husband and wife and this option might not be helpful.
If you look at the above sample, you will notice that;
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