[MrBNE]

***This is a hypothetical scenario - university question***

 

[Jeremy Hooper]

Suggest that the hypothetical person contact a senior Registered Migration Agent and find out what pathways are available to her.

 

[dejainc]

Sounds very specific to be hypothetical? But yes seek professional help, this would be too complex for us to assist with.

 

[Mania]

Would also suggest the hypothetical person contact the police.

 

[CCMS]

***This is a hypothetical scenario - university question***

What would be the prospects of remaining in Australia?

.

If this is a "university question", I am assuming you are studying migration law.

If that is the case, shouldn't you be using the Migration Act and the Migration Regulations to find the answer ?

Apart from the few registered migration agents frequenting this forum, no one else would have the knowledge or qualifications to answer a question like that.

 

[LeMain]

Not to mention the lack of academic integrity shown by trying to get a test question answered on a forum!

 

[ampk]

This is a hypothetical scenario - university question.

* Being a Hypo - I will make a few comments of no binding value.

What would be the prospects of remaining in Australia?

Relationship

• [F] & [M1] met in 2003 and became engaged in 2005.
• Applied & granted prospective marriage visa (300).
• Married two weeks after arriving in Australia.
• [M1] would constantly ask for money - threaten to send [F] back to Cambodia.
• [M1] would use [F]'s money to buy drugs.
• Applied for Spousal Visa (820/801) - department refused.
• [M1] cheated on [F].
• [M1] was emotionally and financially abusive to [F].
• [F] divorced [M1].

* Reasons for refused 820/801 would be a key factor as to concerns of DIBP.

* Certain points could be a claim of Domestic Violence, that could/could have lead to PR - but this is going back a long time and may be hard to prove

* With no 820 Visa and no relationship (a divorce takes 2 years+ from separation) how was the (F) still in Australia on a valid visa?

[F] other relationship

• [F] & [M2] began relationship.
  
  * (Dates help!!!!!!!!)
  
• [F] & [M2] separated.
• [M2] found housing for [F] after separation.
• house was a share house - shared room with 4 other Cambodian women.
• [F] not allowed to leave house without permission of security.
• [F] forced to have sex with men who came to the house.
• [F] became pregnant - gave birth.
• [F] thinks father is an Australian man - child has no birth certificate.
• Fear of persecution if returned to Cambodia - she will be raped and fears daughter will be stolen and sold to human traffickers.

* You really need to give a time line of when the PMV expired, and if any appeal was made on the refused 820.

* Proving the father is Australian seems a guess & unless they have their DNA on record could be from any country by the sound of it. I think I read sperm can stay alive in the body after ejaculation for around 1 week (don't quote me on that).

* Many of the matter listed here are State and Federal police matter and not migration matters.

Myself I would change Universities as that is a question that can not be answered with any helpful learning for a student - is certainly not a question to become a RMA or a Lawyer dabbling in migration rules.

So the only correct answer is - contact a very good Registered Migration Agent preferably that is or has lawyer experience and do it fast.