Question
Srey Tang ( DOB 14 April 2001) is from Cambodia and on 12 October 2022, she was granted a subclass 820 visa sponsored by her
Srey Tang ( DOB 14 April 2001) is from Cambodia and on 12 October 2022, she was granted a subclass 820 visa sponsored by her husband, Phil Chang. She and Phil met when Phil was visiting Cambodia on a holiday in December 2021. She was working in a bar selling beers and food, and Phil was very kind and attentive to her. Phil told her all about his home and she was very excited to one day come to Australia to see Phil. Phil came back to see Srey two weeks later and proposed marriage to her. She accepted and she applied for a subclass 300 visa sponsored by Phil. Phil had sponsored a partner previously, in 2015, from Thailand, but that relationship ended in 2019. Phil had worked in Cambodia for an aid organisation for a number of years and had learnt Cambodian, he also speaks the Chinese dialect that Srey knows from her father. Phil was semi-retired and promised to look after Srey. Srey arrived in Australia on 15 May 2022, and they married on 1 June 2022. Phil lodged the partner visa for Srey the next day and they had a honeymoon on the Gold Coast. Srey noticed that Phil was drinking heavily, and he would become aggressive with her, telling her she had to do what he wanted because he was supporting her. She also noticed that Phil spent lots of money in the casino, gambling. When he ran out of money, he came to Srey and made her give him money and also her gold bracelet. After they returned to Phil's home, Phil said it was better if Srey left her passport and credit card with him for safety. Phil also took her mobile phone and asked her about the people she was calling; they were friends or a cousin she had in Australia. He told her not to call any men because they could take advantage of her. Phil then took her phone and said he would keep it safe for her as people can steal phones. When Srey speaks with her family, Phil listens in because he requires that the phone is on speaker. Phil does not allow Srey to go out to work; he tells her it is dangerous in the area due to drug addicts, and it is better for her to stay at home. More recently he asked Srey's family to send more money to pay for the visa. He said there was an extra $10,000 fee charged to get the permanent partner visa. Srey did not know, she so asked her family, and they transferred the money to her bank account. Phil then transferred all of the money to his bank account and has gradually spent it all on gambling at the local RSL club and the Sydney Casino. Srey is now scared of Phil and on 1 October 2023 when he went to the Club to gamble, she managed to get out of the house and went to a friend's home. She told the friend how she had no money, how Phil had taken her money, her jewelry and phone, and would not let her out. Her friend is a social worker for a women's support service, and she found a place for Srey to stay. She took Srey to speak to the local police, but they said that unless he had threatened or assaulted her, they could do nothing. Srey was worried about going to the police because Phil had boasted about his school friend who was the local police senior officer. He once said to her, do not run away, because I will get my mate
in the police to find you and bring you back. She also fears trying to go to the Court to get an Order against Phil in case it makes him very angry again. Write letter of advice to Srey about her partner visa explaining at least the following: 1. Whether being separated from her sponsor will affect her visa and if so why; and 2. Whether there are any exceptions to partner visas when the relationship ends; and 3. Whether Srey can still be granted a partner visa; and 4. What evidence or documents Srey would need for her case.
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