2250 words Immigration Law

I’m trying to study for my Law course and I need some help to understand this question.

ou are to prepare a formal advice letter to the client based on the scenario. The letter should be

set out as a letter, and references should be in footnotes in accordance with AGLC4.

Question 1 Mary Bonnet Mary, a Canadian citizen, met Dave, an Australian citizen, when Dave was travelling around Europe 2 years ago. They started a relationship online and Mary came to Australia in December 2018 on a 417 working holiday visa. Three months after she arrived in Australia, in March 2019, she moved in with Dave as his partner. Mary has never been married or had a de facto relationship before. Dave is 10 years older than Mary and he previously was in a relationship with an Australian but that relationship broke up about three years ago. His former partner had been granted an Apprehended Violence Order (AVO) by a Local Court in Sydney against Dave. After living together for seven months by October 2019, Mary decided to get advice about her visa which was due to expire in 2 months. Mary was advised she could apply for a de facto partner visa after 12 months together, or if she and Dave registered their relationship, then she could apply sooner. Dave was reluctant to register the relationship, fearful the AVO might somehow be disclosed, but he eventually agreed as Mary said her visa was about to finish in about 2 months and she could not stay unlawfully in Australia. Their relationship was registered and Mary lodged a partner visa online in November 2019. Mary was issued a bridging visa A and that started in December 2019 after her working holiday visa ceased. In early April 2020, Dave and Mary had another fight about Dave’s drinking.

Dave was working from home because of COVID19 and he started drinking more. Mary said he drank too much and became aggressive. Dave said she was being silly and he yelled at her. Dave is very fit and played football every weekend before they had to stop due to social isolation. Mary is smaller than Dave and when Dave gets angry, she becomes afraid of him because he is so much bigger and stronger than she is. On 25 September l 2020, Dave drank quite a lot of alcohol whilst speaking for an hour or so with his mates on the phone, and then threatened Mary that he would ‘send her back to cold Canada’ because she kept complaining about his drinking whilst he was talking with his mates. He also said Mary could be ‘kicked out’ because he said their relationship was now over and he would tell Immigration. Dave yelled at Mary as she left that she was a whinger, just like his ex-partner. Dave told Mary to get out of the home, so Mary went by taxi and stayed with her best friend Kim, who was one of her partner visa witnesses. Kim told Mary she should call the police but Mary was afraid she would be kicked out as Dave threatened. Kim told Mary about Dave’s ex-partner claiming that Dave had threatened her, but Kim did not believe Dave’s former partner at the time because Kim thought she was saying it just to get even