CWR1018 _ 19102023 _ ADVANCE _ NAVJYOT

2. Would Sybilla and Robert be committing any offence and what are the penalties, if any, under migration law? Sybilla and Robert would not be committing any offence under migration law based on the information provided. Sybilla was originally on a student visa (Subclass 500) and has now married an Australian citizen, Peter. As a result of the marriage, Sybilla may be eligible to apply for a partner visa (Subclass 820/801). There is no mention of any fraudulent activity or misrepresentation in their visa application or any breach of their visa conditions. The visa policy of Australia deals with the requirements that a foreign national wishing to enter Australia must meet to obtain a visa , which is a permit to travel, to enter and remain in the country. [1] A visa may also entitle the visa holder to other privileges, such as a right to work, study, etc. and may be subject to conditions. Since 1994, Australia has maintained a universal visa regime, meaning that every non-citizen in Australia must have a visa, either as a result of an application, or one granted automatically by law. [2] Australia does not issue visas on arrival except for New Zealand citizens. [3] As of 2015 there was no intention to provide visa free entry for any country. [4] Visitors holding passports from certain countries may apply for a visa using a truncated process:  citizens of New Zealand using a New Zealand passport may apply for a Special Category Visa (subclass 444) on arrival pursuant to the Trans-Tasman Travel Arrangement . [5] There is no application form or fee payable.  nationals of 36 countries (the 27 EU member states , the four EFTA member states, the United Kingdom , and four European microstates ) [6] may apply for a eVisitor visa (subclass 651) online without fee  nationals from 34 countries and territories (more globally distributed than eVisitor countries) may apply for Electronic Travel Authority (subclass 601) using a mobile app on payment of a nominal fee [7] Under the Migration Regulations 1994, certain persons are defined as holding a valid visa, without having pursued the standard Australian visa process, including [8] certain visitors, mostly linked to foreign militaries and governments, eligible for entry under the special purpose visa , pursuant to a variety of Australian laws and international agreements. [9] Nationals of all other countries will need to apply for the Visitor visa online. Since 1 September 2015, Australia ceased to issue visa labels on visa holders' passports, and all visas are issued and recorded on a central database. [10] Visa records can only be accessed through Visa Entitlement Verification Online (VEVO), a digital verification service provided by the Department of Home Affairs. [11] Therefore, based on the information provided, Sybilla and Robert would not be committing any offence under migration law. 3. Are there any risks associated with the Partner Class UK/BS Subclass 820/801 visa application they lodged online and why? There may be some risks associated with the Partner Class UK/BS Subclass 820/801 visa application that Sybilla and Robert lodged online. It is important to note that any assessment of risks would depend on the specific details provided in the application, which are not mentioned in the scenario. However, some general risks that may apply include:

1. Genuine relationship: The Department of Home Affairs assesses partner visa applications to ensure that the relationship is genuine and not entered into for immigration purposes. They will examine the evidence provided to demonstrate the nature of the relationship, such as joint financial documents, joint residential address, and social photographs. If the department has concerns about the genuineness of the relationship, they may request additional evidence or conduct interviews with both parties separately. If the relationship is deemed not genuine, the visa application may be refused. 2. Domestic violence: The scenario mentions that Peter becomes violent towards Sybilla. If Sybilla discloses this information in the visa application, it may affect the assessment process. The Department of Home Affairs takes allegations of domestic violence seriously and will consider the safety and well-being of the visa applicant. They may request further evidence or take appropriate action to ensure the applicant's safety. 3. Expiry of student visa: The scenario mentions that Sybilla's student visa has expired. This may have implications for her visa status and the Partner Class visa application. Overstaying a visa is a breach of visa conditions and could result in adverse immigration consequences, including refusal of future visa applications. It is important for Sybilla to seek professional advice to understand the options available to her after her student visa has expired. These risks highlight the importance of seeking professional advice from a registered migration agent to ensure that the visa application is properly prepared and that any potential risks or issues are addressed. 4. What is Sybilla's current visa status and what conditions would apply to her visa? Based on the scenario, Sybilla's current visa status is unclear. It is mentioned that she came to Australia on a Student (Temporary) Class TU Subclass 500 visa to study a degree in architecture at RMIT University. However, it is also mentioned that her student visa has expired. If her student visa has expired, then her current visa status is likely to be unlawful. As an unlawful non-citizen, Sybilla would not have any visa conditions that would apply. However, as an unlawful non-citizen, she would be at risk of detention and removal from Australia by the Department of Home Affairs. 5. If Sybilla confides in you, a registered migration agent, about the financial arrangement with Robert, do you think you should ‘dob’ her into the Department of Home Affairs? What are your obligations, if any, under the Migration (Migration Agents Code of Conduct) Regulations 2021?

However, I do not have the authority or responsibility to report such information to the Department of Home Affairs unless it is required by law. My role as a migration agent is to assist and guide my clients through the immigration process, provide accurate and honest advice, and act in their best interest. My focus is on ensuring that Sybilla understands the potential consequences of her actions and helping her make informed decisions. It is important to establish a relationship of trust and confidentiality with my clients. By providing a safe and confidential space for them to discuss their concerns, challenges, and circumstances, I can better understand their situation and offer appropriate advice and support. Reporting Sybilla's financial arrangement to the Department of Home Affairs without her consent would violate this trust and potentially harm her immigration status. However, if Sybilla's financial arrangement involves any form of illegal activity, such as visa fraud or money laundering, I have a legal and ethical duty to report such information to the relevant authorities. In such cases, the welfare and integrity of the immigration system take precedence over client confidentiality. In summary, my obligation as a registered migration agent is to act in the best interest of my clients, maintain their confidentiality, and provide accurate and honest advice. While I do not have a legal requirement to report Sybilla's financial arrangement to the Department of Home Affairs, I must inform her of any potential risks or legal implications involved and guide her towards making informed decisions in line with immigration laws and regulations.