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Legal framework

Three layers of law govern the Subclass 820/801 partner visa: the Migration Act 1958 (the parent statute), the Migration Regulations 1994 (the operational rules), and the Schedules (Schedule 2 = subclass criteria; Schedule 4 = Public Interest Criteria applied across visa types). The Department of Home Affairs adjudicates within these; the AAT reviews on merits; the Federal Court reviews on legality.

Migration Act 1958 (Cth)

s 65 - decision to grant or refuse
The Minister's binary decision after satisfying all criteria.
s 140A - sponsor obligations
What Natalie commits to as sponsor; sponsorship limits.
s 234 - criminal disclosure offence
10-year imprisonment for knowingly false visa information.

Migration Regulations 1994 (Cth)

reg 1.09A - de facto definition
What "de facto" means; the four-factor test.
reg 1.20J - two-year-wait waiver / double grant
When 820 + 801 can be granted simultaneously.
reg 2.03A - 12-month de facto gate
The duration test (NOT cohabitation continuity).
reg 2.03AA - police certificate scope
Residence-based test - which countries' police certs are required.

Schedule 4 - Public Interest Criteria

PIC 4020 - false / misleading info
The bright line. 3-year bar on breach.
PIC 4001 / 4005 / 4007 / 4019
Character / health / health waiver / Australian values. Coming.

Schedule 2 - subclass criteria

Schedule 2 clauses for Subclass 820 (temporary partner) and Subclass 801 (permanent partner). Coming in the rest of phase 2.