Immigration Law

If the applicant is in Australia:

Stage 1: Partner visa (Temporary) (subclass 820)
Stage 2: Partner visa (Permanent) (subclass 801)

If the applicant is overseas, there are two options:

1. If the applicant and the sponsor are married or a de facto relationship:

• Stage 1: Partner (Provisional) visa (subclass 309)
• Stage 2: Partner (Migrant) visa (subclass 100)

2. If the applicant and the sponsor are to get married in Australia:

• Prospective Marriage visa (subclass 300)

This is a temporary visa. With this visa the applicant can stay in Australia for 9 to 15 months from the date of visa grant. The applicant can work and study in Australia, and also have to marry the prospective spouse before the visa period ends.

Learn more:
Partner Visa

The conditions for different parent visas vary. The following is a summary of the basic conditions to be met for all parent visas:

1. A sponsor who meets the conditions

The sponsor to a parent visa application can either be a child of the applicant parent or the partner of the said child. If your child is under 18, you can be sponsored by an eligible relative or community organisation.

2. Prove you meet the balance-of-family test

The test determines the extent of the parent’s links to their children or stepchildren in Australia and ensures only those with close ties to Australia are eligible for a Parent visa.

3.Have assurance of support

To apply for Parent visa, you must show that you are able to obtain assurance of support. You must prove that you will not have to rely on government assistance after you enter Australia on this visa.

Learn more:
Parent Visa

AAT is also known as the “Administrative Appeals Tribunal”. AAT gives you another chance to present your case. The tribunal member will take a fresh look at all the relevant facts and evidence of your application and make their own decision.

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AAT

If the Court finds that a jurisdictional error occurred in the AAT,

The court can:

• refer your case back to the decision maker, and
• prevent the Minister from acting on the decision

The court cannot:

• reconsider the facts and reasons for your visa application
• take new factual information into account (unless it is relevant to a question of whether the decision maker made a jurisdictional error), or
• grant you a visa

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FCC

Not necessarily.

In Australia, there is zero tolerance for family and domestic violence. Certain temporary visa holders are protected by family violence provisions to ensure that they do not have to tolerate family violence just for visa purposes.

You may still be granted your permanent residency in Australia if your relationship has broken down due to family violence.

Learn more:
Family Violence & Partner Visa

3-Year Non-grant Period

The Department might not grant you a visa (which has PIC 4020 as a criterion) for a period of 3 years if you, or a member of your family unit, have a visa application refused due to providing bogus documents or information that is false and misleading.

10-Year Non-grant Period

The Department might not grant you a visa (which has PIC 4020 as a criterion) for a period of 10 years if you, or a member of your family unit, have a visa application refused because of a failure to satisfy the Department as to your identity.

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Bogus Documents

According to the Migration Act 1958, there are many grounds for visa cancellation. Here are some of the common reasons:

1. You were non-compliant with visa conditions

s 116 – the Minister may cancel a visa if he or she is satisfied that the visa holder has not complied with a condition of the visa.

2. You did not meet character requirements

s 501 – The Minister may cancel a visa that has been granted to a person if:

(a) the Minister reasonably suspects that the person does not pass the character test; and
(b) the person does not satisfy the Minister that the person passes the character test.

3. You provided false information on your visa application

s 109 – the Minister may cancel the visa after deciding under section 108 that there was non-compliance by the visa holder.

Learn more:
Visa Cancellation