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SCENARIO: Jason Bourne is an Australian citizen who travelled to Britain and Europe on a two-year ‘rite of passage’ tour. Whilst there, Jason met and befriended Emma Brielle, a French citizen living...

SCENARIO: Jason Bourne is an Australian citizen who travelled to Britain and Europe on a two-year ‘rite of passage’ tour. Whilst there, Jason met and befriended Emma Brielle, a French citizen living in Nice. Jason and Emma soon became lovers and had been living together in an apartment for six months when Jason received word that his mother was gravely ill back home in Adelaide. So he came back to Australia, but he promised Emma that he would sponsor her to come to Australia as quickly as possible.Jason’s mother passed away soon after Jason got home. After a short mourning period, Jason approached you, who have just obtained your migration agent registration, having successfully completed the Graduate Certificate course. Jason says he cannot go overseas at the moment as he is the executor of his mother’s will and there are quite a lot of matters that he needs to attend to. Jason asks you whether he can sponsor Emma to come to Australia as his defacto spouse.(a) What is the definition of a ‘defacto partnership’? Does Emma qualify as Jason’s defacto partner? What other option would you recommend to Jason in the circumstances?Emma did eventually arrive in Australia and married Jason. She found work readily in a McLarenvale vineyard as she graduated in France with a diploma in viticulture and had experience working in the Bordeaux region. Some three years later, Emma was granted permanent residence and she and Jason, together with their newborn daughter Dani, are living happily together in Adelaide.Last week Emma received disturbing news from her parents in France, telling her that her brother Pierre and her sister Michelle’s husband had been killed in the terrorist attack in Nice and her sister Michelle was injured. Emma went home immediately to be with her parents in their hour of need. Her parents told Emma they do not feel safe in Europe any more, what with the recent attacks in France, Belgium, and Germany. They ask Emma whether there is any possibility for them to come to Australia as well.With her brother Pierre dead, Emma now only has one sister, Michelle, left. Her parents are now aged 62 and 58 respectively. Emma rang Jason to ask if he has any objection to her parents coming to Australia to stay with them. Jason told Emma her parents would be most welcome.(b) What visas are available for Emma to sponsor her parents to come to Australia? Of the visas that are available, which would you recommend as being the best option?With Emma’s sponsorship, her parents were eventually approved for migration to Australia. That leaves Michelle, now widowed with a 5-year old son, still in France.
(c) Under the circumstances, is there any family visa that would enable Michelle to come and live in Australia with the rest of the family permanently?



Oct 07, 2019
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