Australian Visa System

SCENARIO
Sybilla Sarin, aged 27, came to Australia from Jordan on a Student (Temporary) Class TU Subclass 500 visa to study a degree in architecture at RMIT University. Sybilla was a very timid student and although competent in English, as it was her second language, was a little bit shy to speak to her fellow classmates. However, one classmate, Peter, an Australian citizen who grew up in the Australian Outback, noticed Sybilla. Peter slowly started building a relationship with Sybilla. Firstly, as a friend, but after spending so much time together, they slowly realised that they actually had a lot in common, despite having such different backgrounds. Sybilla was a very good cook, and Peter was amazed with her Jordanian cuisine. The spices and aromas were like nothing Peter had experienced before. In addition to being impressed with her cooking, Peter also found Sybilla’s sense of humour very attractive, as it was very similar to his. They also realised that they were both massive Seinfeld fans, which was something they bonded over. Two years of the three-year architecture course passed very quickly. Over the years, with Peter’s help, Sybilla became more confident and gained many friends. However, with this new found friendship group, her studies started to be compromised as she spent more time socialising than studying. As a result of this extra socialising, Sybilla and Peter’s relationship became rocky. Peter became quite jealous of her newfound friendships, in particular her interaction with Robert. Sybilla reassured Peter that she and Robert were only just friends and Peter seemed satisfied with that, albeit after some convincing. Approximately six months later, they had graduated from their architecture course. Sybilla is now planning to continue her studies by doing a Master’s course and has been guaranteed a spot at RMIT University based on completing the Bachelor’s degree at RMIT University. At this stage, Sybilla still has four months left on her student visa. To utilise this time, she wants to travel around Australia, as she had not had an opportunity to do so yet. Peter suggested that Sybilla come and visit his family in the Outback. Sybilla jumped at the chance, as she really did love Peter and was very eager to meet his family. They arrived at his home in the Outback and were greeted by Peter’s incredibly welcoming family. To show her gratitude, Sybilla cooked a big feast for the whole family and she soon became what Peter called, the family's favorite. One week later, Peter proposed to Sybilla. Sybilla was over the moon and in that moment, without even thinking, she said yes! However, after sleeping on it, she realised that she was going to find it very difficult to break the news to her close-knit family back home. They arrived back in Melbourne and by this time Sybilla had one month left on her student visa. They got married in a small civil ceremony in front of family and friends. Sybilla still had not broken the news to her family back home and thought perhaps she would surprise them by visiting them with Peter.
A couple of weeks after the ceremony, Robert came over to their place to congratulate them again. They had a lovely dinner together and Sybilla was surprised that after Robert left, Peter became very angry. Peter was confused as to why Sybilla would even invite Robert over and why she was so friendly with him during dinner. Sybilla said that she thought Robert was his friend as well and he had texted her that he wanted to congratulate them again and she did not see anything wrong with that. Peter was very angry because he thought that now that they were married, they would put each other first over everyone else. Sybilla said he was being silly, and on hearing this, Peter struck her with his fist as he could not believe she said that.
Sybilla was shocked at what happened and immediately locked herself in their bedroom and went to sleep. This certainly was not the Peter that she knew. The next day, Peter completely ignored her and this behaviour continued for another few weeks. Sybilla tried and tried to make amends, however, nothing worked. If anything, the more she tried the more violent Peter became with her. Sybilla's friends told her to tell the police, but she decided not to as she still loved Peter. Today Peter told her that he no longer wanted to be her husband and suggested that she should move out. While she was packing her things, she realised that several weeks have passed and that her student visa had expired two weeks ago. It had been a big few months. Sybilla is of the view that as she is still married to an Australian citizen, she can simply stay, particularly given the bad treatment she received from Peter.
QUESTION
1.What is your advice to Sybilla in regards to her visa options to remain in Australia and what are the requirements of your visa option?
Sybilla told Robert about what happened. Robert said he was not surprised and that she could stay with him until she found somewhere else to live. Sybilla thought that was really kind of Robert. A couple of weeks pass and Sybilla, still in shock, had not taken any action with regards to her migration status. She confides in Robert about her situation. On hearing this, Robert offers to help. He says that as he is an Australian citizen, he could simply sponsor her to stay. Sybilla, after doing some research on the internet, discovers that a partner visa might be the solution. Sybilla takes this information to Robert and asks whether he would do this for her. Robert, feeling sorry for her, says yes, but has a request. He says that in this country, fair is fair, and to be fair, he should be paid for his efforts. He asks for $1,000. Sybilla jumped at this and quickly transferred the money to his bank account. They begin taking selfies together to build the case that they were in a relationship. They also asked some of their mutual friends to write statements about their relationship, knowing that they were doing it to get Sybilla a visa. They opened up a bank account online and agreed to deposit the same amount of money into the account and agreed to only spend the exact amount of money in the account to make it look active. They lodged the partner visa online a couple of weeks later. Sybilla applied for the Partner Class UK/BS Subclass 820/801 visa. According to the Department of Home Affairs’ website, the current processing time for this visa is approximately 20 to 24 months. Sybilla felt like everything would be okay again and she could remain in Australia.
QUESTIONS
2.Would Sybilla and Robert be committing any offence and what are the penalties, ifany, under migration law?
3.Are there any risks associated with the Partner Class UK/BS Subclass 820/801 visaapplication they lodged online and why?
4.What is Sybilla's current visa status and what conditions would apply to her visa?
5.If Sybilla confides in you, a registered migration agent, about the financialarrangement with Robert, do you think you should ‘dob’ her into the Department ofHome Affairs? What are your obligations, if any, under the Migration (MigrationAgents Code of Conduct) Regulations 2021?
You must support your answers by reference to the specific legislative provisions.