Love v The Commonwealth; Thoms v Commonwealth [2020] HCA 3 for full judgement please go to: https://www.hcourt.gov.au/cases/case_b43-2018

Who is an Aboriginal Australian? And should Aboriginal Australians be treated differently to other groups in Australia?

The High Court recently considered whether two men who were born outside of Australia and were not Australian citizens, but had spent most of their lives in Australia,

where within the reach of the “aliens power” conferred by s 51(Xix) of the Constitution.

This Article was last updated on Monday April 6, 2020.

As we write this update, we have a very many people worried for the future and concerns for loved ones abroad and in Australia due to the disruption the Coronavirus crisis is causing as the number of confirmed cases rise globally by the hour.

At this point in time, many plans for the future have been disrupted as a result of the lockdown or shutdown of airports and countries to foreigners.

Our thoughts are with anyone who finds themselves in this position. As specialist in the area of partner and family migration we have been considering how the Coronavirus crisis may be affecting you and created

the following Questions and Answers below:

In 2018, one quarter of all Australian marriages were between a local and foreign born person.
That’s 28,452 marriages in Australia and potential spouse visas. (Source: https://www.smh.com.au/lifestyle/life-and-relationships/home-is-where-the-heart-is-or-is-it-20191223-p53mgt.html)

Partner visa processing times have steadily increased over the past two years.

We have previously written about the processing times here: https://www.workvisalawyers.com.au/news/all/australia-partner-visa-processing-times-update-march-2017

The current processing times are such that for a Temporary Partner (subclass 820) visa (onshore) 22 to 29 months on the Home Affairs website (https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore/temporary-820)

And for a Partner Provisional (subclass 309) visa (offshore) 17 to 20 months on the Home Affairs website (https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-offshore)

The Department is receiving more applications in a migration program year (same as the financial year, from 1 July to 30 June) than it will be able to process in that year, which is affecting your ability to get the visa granted.