Assignment Task
Task
Visa Cancellation and Review Case Study
Dua is a citizen of Albania. Dua’s husband Mark is an Australian citizen, although his parents and brothers live in Albania.
Dua and Mark met when Mark was visiting Albania in 2016. They maintained their relationship through emails and Skype calls in the following years. Dua and Mark married in Albania in 2019, after which Mark returned to Australia. Dua applied for a subclass 309 partner visa and a subclass 100 partner visa. The subclass 309 visa was granted in February 2021. Dua arrived in Australia later that month (lawfully, by plane). Shortly after her arrival in Australia, Dua realised that Mark had changed. He was never physically violent towards her, but subjected her toconstant criticism. He often swore at her and told her that she was worthless. Before Dua arrived in Australia, she thought that they had had a close and loving relationship. But their relationship disintegrated as a result of Mark’s behaviour. In late 2021, she finally decided to leave him. She has not lived with Mark since October 2021.
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Get Help Now!Dua is very afraid to go back to Albania. In the last days of their relationship, Mark accused her of being unfaithful. He said that his parents and his siblings would “make her life a living hell” if she went back to Albania. When she asked what this meant, he said that they would
find her wherever she went in Albania and that they would beat her. Dua’s application for a subclass 100 visa has not yet been assessed or determined by the Department. She continues to hold a subclass 309 visa. She comes to see you (a registered migration agent) and she asks what options she has to remain in Australia.
Based on the above scenario, please answer the following questions:
1) Does Dua satisfy the requirements to be eligible for a subclass 100 visa? What must Dua establish in order to satisfy those requirements?
2) If Dua applies for a protection visa, now or in the future:
a. For which forms of protection visa can Dua apply?
b. Does Dua satisfy section 36(2)(a) of the Migration Act? If so, why or why not?
c. Does Dua satisfy section 36(2)(aa) of the Migration Act? If so, why or why not?
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