Immigration and family law may intersect in Australia in a rather complicated and emotionally susceptible manner at times. Intersections can also happen when one party or the other is facing a divorce that might complicate his or her visa or vice versa, when the risk of deportation is going to have an influence on a divorce. One of the key factors which should be understood by the people who are going through these two legal procedures is how they each interact with each other.
Relationship break-down and Visa Sponsorship
A good number of the temporary and permanent Australian visas are issued with a condition of a genuine and continuing relationship with some Australian permanent resident or Australian citizen, like the Partner visa (subclass 820/801 or 309/100). In case a marriage or de facto relationship ends prior to the granting of permanent residence, the person holding such a visa might not qualify to be permitted to reside in Australia.
When this happens divorce (or separation) may result into a review of the Department of Home Affairs which may result in cancelation of the visa and subsequent deportation. This would form a very stressful situation where the legal right of a person being permitted to stay in a country can be based upon the time and manner of the failure of the relationship.
Provisions of Family Violence
The Australian law offers significant protection where the relationship has terminated before it results to family violence. Even in the case where the relationship has broken up, the applicant can still be granted permanent residency under the family violence provisions – as long as he/she can provide adequate evidence of the abuse. This will make sure that the victims do not have to stay in abusive relationships due to intimidation of deportation.
The evidences can be statutory declarations, police reports, medical records or court orders. In this situation, legal consultation will be highly advised as processes of immigration and domestic violence laws may be very tricky.
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Divorce and Grounds of Character
Destructive marriages alone are not qualified to be classified as grounds of deportation. Yet when the visa position of an individual is being considered, e.g. under character provisions of section 501 of the Migration Act, a divorce may form part of a number of considerations made. As an example, family separation in Australia can be used against the individual during the discretionary decision making as to whether to cancel a visa policy.
Children and the custody problem
Immigration and family law courts pay much attention to the best interests of the child when children are involved. A deported parent would want to stay in Australia to stay close with the children. Sometimes this may constitute a reason to appeal the cancellation of a visa or to seek some other one.
The Family Court lacks the ability to prevent a deportation but can enter parenting orders which may be given consideration in immigration decisions. As an example, where a parenting order imposes shared parental responsibility or supervised contact and the immigration tribunal or courts are determining whether to allow a parent to remain, this may be taken into account by the immigration tribunal or courts.
Immigration tribunals and Divorce Proceedings
The Family Court and the Administrative Appeals Tribunal (AAT) are non-related jurisdictions in terms of office, however, the evolution in one jurisdiction can cause an impact on another one. As an illustration, an individual who is appealing visa cancellation may mention that he/she is in the middle of divorce or has children, i.e., reasons why he/she cannot leave Australia. Equally, matters of migration can be introduced in court before the Family Court when they are likely to derail the capacity of any side to take part in proceedings or raise up children.
Requesting A Legal Help
Due to the conjoined spheres of the law, people experiencing divorce and immigration problems would be better off consulting authorities who know their professional field well.
There are many instances when Migration Lawyer Perth collaborate to safeguard the rights and future of their clients in these two sectors.
Conclusion
Deportation and divorce changes lives in their own rights. Even greater consequences apply when they overlap: both legally and emotionally. In Australia, one can greatly affect the other, particularly where the visa position hangs on the marriage tie, or where children become the pawns of the relationship. Legal counsel can guide one through this hurdle and discover the right way out.
