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Melissa Pewter, aged 22, is a citizen of Estonia. She arrived in Australia on a Working Holiday (subclass 417) visa. Just prior to her visa
Melissa Pewter, aged 22, is a citizen of Estonia. She arrived in Australia on a Working Holiday (subclass 417) visa. Just prior to her visa expiring, she was advised by her migration agent to apply for a Protection (Subclass 866) visa, which was refused. The basis of her application was that her parents wanted her to get married to a close family friend of her parents, which she didn't want to do. Melissa has now been in Australia for 2 years. Her Working Holiday (subclass 417) visa expired 12 monins ago. Last week, she married Malcolm Morris, an Australian cilizen who works as a Farmer in rural Victoria. They have been living together for approximately 13 months after meeting at a BBQ at a mutual friends house, Sarah. When she first met Malcoim, Melissa didn't have anywhere to siay, and Malcolm suggested she move in with him. Soon after moving in together, their romantic relationship developed as they realised they had feelings for each other. Melissa informs you that neither of them have been married before. Melissa has retained you, as a registered migration agent, and would like you to provide her with written advice as to whether she can stay in Australia on the basis of her marriage. She does not wish to return to Estonia because she is fearful that her parents will punish her, so much so that she has developed severe medical issues from the stress and fear of the possibility that she has to return to Estonia. She is currently being treated for these issues by a Psychologist children in Australia, she might have lost her claim to permanent residence. As a result, Melissa was very worried. a) What are Melissa's prospects of success of applying for a visa whilst in Australia and why? b)Can Melissa still progress to permanent residence now that her Australian citizen husband Is deceased? so, what visa would she be eligible for
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