Aysel, a widow from Turkey, came to Australia on a Student Guardian (subclass 590) visa to look after her only daughter Melek, aged 16, studying Year 11 at Parramatta Girls College. Aysel’s subclass 590 visa carried the conditions 8101, 8201, 8501, 8516, 8534, 8537 and 8538.
Whilst in Australia, Aysel befriended Dennis, an Australian bachelor, who was living next door in her apartment block. After some time, Dennis and Aysel became romantically involved and had discussed possible marriage. So Aysel came to see you to enquire as to whether her visa would allow her to get married and apply for permanent residence without having to return home, as she did not want to leave Melek on her own in Australia.
(a) In this situation, what would your answer be to Aysel’s enquiry? You do not need to go into detail as to how she might be able to make her application, if she is allowed to do so.
As things turned out, the supposedly romantic relationship between Dennis and Aysel fizzled out anyway after Aysel demanded a “dowry” of $200,000 from Dennis before she would consider marrying him, upon which Dennis suddenly went cold on the thought of matrimony. Life then went back to as it was before Aysel had met Dennis.
One evening, after Aysel and Melek had attended a parent-teacher meeting at the school, they were on the way home when a drunk driver ran a red light and crashed into their car. Aysel was killed instantly. Melek was more fortunate in that she only suffered relatively minor injuries from the accident.
Aysel has a first cousin Hasan (her mother’s brother’s son) who is an Australian citizen living in Cabramatta. Aysel and Melek had visited Hasan’s family regularly and Aysel called Hasan “brother” while Melek called him “uncle”. After the death of Aysel, Hasan visited Melek in hospital and told her not to worry that he will look after her.
Hasan came to your office today and explained that, with the death of her mother Aysel, Melek has no other relatives living anywhere else in the world so he would like to help Melek obtain permanent residence in Australia. Hasan said he has a friend who had sponsored a nephew under the “orphan relative” visa category and asks whether he can do the same for Melek.
(b) Explain to Hasan the requirements for an Orphan Relative visa. In this situation can Hasan sponsor Melek for this visa?
(c) If the Orphan Relative visa is not an option, what other visa would you suggest to Hasan to help Melek obtain permanent residence in Australia?
(Maximum Word Limit: 1750 words)
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