Lily Versus Department of Immigration And Border Protection

Question: Discuss about theLily Versus Department of Immigration And Border Protection. Answer: Introduction Lily had come to Australia in the capacity of a visitor and therefore her visa was temporarily valid. The act of her visa cancellation is justified since she violated the conditions of his visitor visa which does not allow her to work in Australia as per the Migration Act 1958 and the Migration Regulations. However Lily has a legal option to appeal the decision and have it reviewed by a merits review tribunal. It should be noted that in some circumstances it is not possible to review a similar decision. For example if under section 501 of the Migration Act 1958, Immigration and Border Protection Minister decides personally to cancel a visa. With effect from 1 July 2015 only administrative appeals tribunal (AAT) can make a decision[1]. After this the minister can consider the decision. The review can only be made within a limited period of time. It should be done within a span of nine days from the day one is deemed to have been notified about cancellation of a visa. After this period the review can no longer be lodged. If the visa held is not a substantive visa one can be hampered from farther application of the same. Under certain circumstances one may not be able to lodge application for visa if it is cancelled or rejected. Under section 48, even if you have had a visa cancellation, you can still lodge a valid application for the following types of visa: partner visas, bridging visas, subclass 444 for New Zealand citizens and child visas. In regard to this legislative basis Lily has an opportunity to apply for a partner visa since she is already legally married to Australian citizen. She can be granted temporary partner visa which provides for her to be married to an Australian citizen and be with Australia during application and at the time the visa is decided[2]. This is the first step in the process of obtaining partner visa (subclass 801) which is a permanent partner visa. Signed marriage documents must be provided to prove that the relationship is genuine. Lily can appeal for the rejection of her application for the partner visa. Since from 1 July 2015 all review tribunals were amalgamated with Administrative Appeals Tribunal (AAT), she can only appeal to it. Effective from first July 2015 all reviews will be lodged to AAT. There is application of strict time limits concerning decision about visas made by the DIBP[3]. The period for applying for an appeal is normally indicated in the notice of the decision that is to be reviewed. There are different time limits for different decisions. Lily must lodge an appeal with 28 days. The fee payable to all case applications is A$1673. Lily can get 50% refund of the application fee if the case is ruled in her favor. There are a number of evidences needed to prove a couple in application for partner visa namely: strong evidence like document showing joint ownership of property and liabilities, decent evidence such as letters and emails to each other and photos, children bared from relationship and good evidence which is third party generated documents e.g. receipts and bank statements. Luckily enough for Lily child is one of the required evidences. Since the pregnancy is proved as result of the relationship, the tribunal should consider it in making its decision. All that is needed is concrete prove that the applicant and her sponsor are in genuine relationship. The time of the pregnancy development does not affect the decision so long as its proved her sponsor is responsible for the pregnancy. Once the application fee is paid to the review tribunal, it cannot be reimbursed in full once more. In this case, Lily has a legal right to receive 50% of the fee because the case was decided in her favor. If someone losses the case the amount remains in custody of the Administration Review Tribunal and can no longer be refunded to the person who lodged an appeal[4]. The same case applies if you withdraw your AAT application. There is no refund. There are always lengthy periods of waiting for a case to be heard. A person applying for partner visa must be in Australia during the application. A temporary partner visa (subclass 820) is first applied and a fee is charged. This allows the partner to live in Australia while awaiting permanent visa. The stages may have duration of two years apart. References Brd Moriarty, Eva Massa. Human Rights Law. Oxford: OUP Oxford, , 2012. Group, Legal Action. Legal Action: The Bulletin of the Legal Action Group. location Bingley, West Yorkshire, : The Group, 2010. John Vrachnas, Mirko Bagaric, Penny Dimopoulos, Athula Pathinayake. Migration and Refugee Law: Principles and Practice in Australia. Cambridge: Cambridge University Press, 2011. . Migration and Refugee Law: Principles and Practice in Australia. Cambridge: Cambridge University Press, , 2011. Knight, Julian. The British Citizenship Test For Dummies. Hoboken, New Jersey: John Wiley Sons, 2011. Senate, Australia. Parliament. Parliamentary Debates Australia: Senate. australia: Commomwealth Government Printer, 2008.