Question
Scenario continued Melise has been in Australia for 4 months. She decided not to apply for Visitor visa or any other visa. She has been
Scenario continued Melise has been in Australia for 4 months. She decided not to apply for Visitor visa or any other visa. She has been frequenting a Buddhist temple in Springvale, where she met Alex Vijayaratne who is an Australian permanent resident. Alex obtained his permanent residence 6 months ago under the Employer Nomination Scheme Class EN subclass 186 visa. Alex does not have any other family in Australia. Melise informed Alex that her visa had expired. Alex, who had fallen in love with Melise, asked her to marry him. She immediately agreed and one month later, they were married. In all the excitement, they forgot about Melise's visa situation. Whilst on their honeymoon in the Grampians, Alex fell and injured his back and had to be airlifted to the Alfred Hospital in Melbourne. The doctors have advised Alex that he has to remain in hospital for 3 months. QUESTION (c) Is Melise able to make a valid application for a Partner Class UK/BS subclass 820/801 visa in light of her circumstances? (d) You are required to prepare a submission to the Minister for Immigration addressing the relevant regulatory requirements in the event there are restrictions on Melise's ability to make a valid application for a Partner Class UK/BS subclass 820/801 visa. Your answers should be supported by reference to the relevant legislative provisions of the Migration Act 1958 and Migration Regulations 1994 including relevant policy.
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