The Family Court determines whether a marriage is valid/invald when deciding annulments. The High Court determines whether a marriage visa was grantd for a valid marriage when deciding possible fraudulent marriage visas.
For immigration purposes the marraige must be "genuine and continuing to the exclusion of all others". The factors tested are, briefly: financial aspects, nature of the household, social aspects of the relationship, and the spouses committments to each other. For an annulment a marriage is void or voidable under very narrow factors: fraud, duress, unable to understand the nature of the ceremony, consanguinity, fake ceremony, etc. The factors in the Migration Act aren't listed as factors to be considered hy the Family Courts for annulemnts.
Cpuples who don't share financial responsibilities or are polyamorous or don't have any sort of emotional investment in the relationsip can have a migration visa revoked, but wouldn't quqalify for an annulment.
A void/voidable marriage would always result in a situation where the immigration visa wouldn't be valid. A marriage that wasn't genuine enough for immigration doesn't always result in a situation where the marriage is voidable.
Is this equal and fair under the law? Does a migrant in this situation have any sort of recourse to having the validity of the marriage tested by the Family Court instead of the High Court, since the Family Court is supposed to be the final arbiter on valid marriages?
For immigration purposes the marraige must be "genuine and continuing to the exclusion of all others". The factors tested are, briefly: financial aspects, nature of the household, social aspects of the relationship, and the spouses committments to each other. For an annulment a marriage is void or voidable under very narrow factors: fraud, duress, unable to understand the nature of the ceremony, consanguinity, fake ceremony, etc. The factors in the Migration Act aren't listed as factors to be considered hy the Family Courts for annulemnts.
Cpuples who don't share financial responsibilities or are polyamorous or don't have any sort of emotional investment in the relationsip can have a migration visa revoked, but wouldn't quqalify for an annulment.
A void/voidable marriage would always result in a situation where the immigration visa wouldn't be valid. A marriage that wasn't genuine enough for immigration doesn't always result in a situation where the marriage is voidable.
Is this equal and fair under the law? Does a migrant in this situation have any sort of recourse to having the validity of the marriage tested by the Family Court instead of the High Court, since the Family Court is supposed to be the final arbiter on valid marriages?
