Question
Maryam Noruz (DOB: 19 February 1994) was a trainee judge in Afghanistan. In May 2021, she came to Australia study for a Master's degree in
Maryam Noruz (DOB: 19 February 1994) was a trainee judge in Afghanistan. In May 2021, she came to Australia study for a Master's degree in Jurisprudence at University New South Wales (UNSW); she was sponsored by the Australian government. Maryam is from the Hazara minority who are Shia Muslims, not Sunni like the Taliban.
Maryam became incredibly stressed after the fall of Kabul to the Taliban in August 2021, and UNSW granted her leave from study from September 2021 to May 2022 to help her get support and counselling.
Maryam wanted to continue her studies and complete the degree qualification so she could help Afghan people, especially women. She recommenced her studies in May 2022, but again has become extremely anxious and depressed when she was unable to contact her parents, who are now missing since August 2022.
In your initial consultation, Maryam told you the Taliban came to her home in early 2022. The Taliban asked her parents about Maryam's whereabouts, but they were too afraid to say that she was in Australia. Maryam's parents told the Taliban that she was with family members in Quetta, Pakistan, but this was not true.
The Taliban came back a few months later in July 2022 and demanded the contact details for Maryam so they could tell her to return immediately to Afghanistan.Maryam's parents have not been contactable since August 2022.
Maryam is now unable to complete the UNSW Master's degree program before her student visa expires, but she is also unable to get further support on her scholarship.Maryam's Afghan friends in Australia have agreed to help her with accommodation and additional financial help, and they have referred Maryam to you for migration advice. She has conditions 8533 and 8535 on her visa.Her visa will expire in January 2023.
Maryam wants your advice about protection in Australia, as she was told by a friend that it is very complex.
Maryam has a spouse in Kabul, Afghanistan, his name is Hussein (DOB: 10 November 1982). Hussein was a judge in the former Constitutional Court of Afghanistan.After the Taliban took control, Hussein lost his job, and fled to Pakistan in July 2022 because of death threats against him from the Taliban.
Maryam has only ever held a subclass 500 student visa, she has never been to Australia before and she has not had any previous visa applications refused, or any visa cancelled.
Write Maryam a letter of advice explaining the ALL of the following issues in plain English:
- What subclass of protection visa can Maryam apply for?
- What are the valid application requirements for the protection visa you advise she lodges?
- What are the relevant criteria for the grant of a protection visa and what will be the claims of Maryam?
- Can Maryam include her spouse in her protection visa application, if yes why, if not, why not?
- Any other information you feel would be important for the client to understand.
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