Department of Immigration and Border Protection

Question: Discuss about the Department of Immigration and Border Protection. Answer: Introduction: Section 4AA of the family law 1975 defines the de facto relationship. According to this law a person or his partner who can be of opposite sex also, and are living together as a couple on genuine domestic basis. A relationship cannot be considered as de facto relationship if person is legally married with his partner or they have any family relations. According to Section 4AA of Family Law Act 1975: A person can be considered in de facto relationship with the other person if: Person must not legally marry with his partner. Person must not have any kind of family relations with his partner. Person lives with his partner as couple on genuine domestic basis. De facto partners can apply for the visa after fulfilling the following requirements: Partners must live together for one year before applying for the visa. Partners must mention the history of relationship through assigned document. Financial arrangements between the partners are considered. Any responsibility related to care and support of the childrens. Reputation of their relationship in public. How much commitment and understanding is between the couple. In this case Jason Bourne is an Australian citizen who travelled to Britain and Europe for two years. In Nice Jason met with the Emma Brielle, a French citizen and they fall in love with each other. They started living together in an apartment for 6 months, because Jason returns back to the Australia because of bad health of his mother. It is necessary in case of de facto relationship partners that live together for one year, but in this case Jason and Emma live together only for six months. Therefore Emma Brielle is not qualified for de facto partner of Jason. Jason can get exemption from the requirement of one year relationship in following cases: Circumstances which are Compelling and compassionate are there on behalf of which visa can be grant to the applicant. Registration of relationship under a state law or territory prescribed in the Interpretation Regulations 2008. Partner of applicant is or was the holder of the permanent humanitarian visa and he must be in de facto relationship, before the visa was granted to the applicant. Partner is an applicant of permanent humanitarian visa. Compelling and compassionate circumstances are not clearly define, in this circumstances of the case are assessed. Emma parents can move to Australia by applying in category of parent visa. Following are the requirements to applying in parent category visa: Applicants child is an Australian citizen, permanent resident of Australia or eligible citizen of New Zealand. Child of person who applied for visa must be living in Australia at least for two years before lodging of application by applicant. Applicant have sponsor. Applicant must meet the requirements of family test criteria. Applicant must meet the requirements of health and character. There are two types of options are available to the Emma: Parent visa (subclass 103): applicant can apply for parent category visa if: applicant can live in Australia for the period of 2 years as temporary resident or permanently as an Australian resident. Processing time is 30 years. Contributory Parent Visa (subclass 143): applicant can apply in this category of visa if: Applicant have sponsor. Applicant must meet the requirements of family test criteria. Applicant must meet the requirements of health and character. Applicant is ready to pay the extra charges for visa application. Processing Time: In this category applications for visa are entertained according to the date of lodgment. Contributory Parent Visa (subclass 143) is the best option for Emma to sponsor. Emmas parents can live permanently in Australia. This visa has following other benefits also: Permanent stay in Australia Applicant or any family member can study and work in Australia. Applicant or any family member can enroll in Medicare. Applicant or any family member can apply for Australian citizenship. Applicant or any family member can sponsor their relatives for permanent residence. Family members can migrate to Australia by relative visa category. Emma can sponsor her sister for Remaining Relative visa (subclass 115).this visa is available for people who want to live permanently in Australia with their near relatives. Following are the requirements for applying in this visa category: Applicant is from outside Australia. Applicants near relative are permanent resident of Australia or eligible citizens of New Zealand. Applicant near relative is ready to sponsor the applicant or all the family members of applicants. Applicant must have an assurance of support. Applicant and other family members of applicant must meet the health and character requirements. For this purpose near relatives includes applicant or applicants partner parents, brother, sister, or child. Bibliography Family Court of Australia, De facto relationships (3 may 2016) https://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/family-law-matters/separation-and-divorce/defacto-relationships/. Australian Government: Department Of Immigration And Border Protection, Fact sheet - One-year relationship requirement for https://www.border.gov.au/about/corporate/information/fact-sheets/35relationship. Australian Visa Bureau, Contributory Parent Visa Questions https://www.visabureau.com/australia/parent-visa-faq.aspx. Australian Government: Department Of Immigration And Border Protection, Parent Category visas https://www.border.gov.au/Trav/Brin/Pare. Australian Government: Department Of Immigration And Border Protection, Parent visa (subclass 103) https://www.border.gov.au/Trav/Visa-1/103-#.