Well that's ridiculous, an arranged marriage by definition is a marriage where the decision making is with the parents and the offspring chose to submit to that authority.
Well that's ridiculous, an arranged marriage by definition is a marriage where the decision making is with the parents and the offspring chose to submit to that authority.
The way I read this, the OP's friend was a participant in a fraudulent marriage,
that is, purportedly, but falsely, consenting.
I do not read it as the OP's friend being a party to a forced marriage.
While what you say about forced marriage is correct, @TraceyOne,
I'm not sure how relevant it is to the original question?
Yes. Because the story here is second hand, at best.
And because experience tells me that the scenario I refer to is more common.
Understood...but if it is the type of culture/country where arranged marriage is common, the immigration department will be aware of this, making it part of a reasonable defense.
Nah. A marriage that is involuntary is pretty much never* valid in Australia.
Even an involuntary marriage contracted overseas is unlikely to be registrable in Australia.
It can get very complicated very quickly.
A voidable marriage (eg in breach of s23(10(d)(i))
might (in theory, and in the worst case) have you looking at (for example)
Migration Act offences, and/or Centrelink related offences and/or ATO related offences.
(Remembering that these are almost all strict liability offences...)
And that's before the civil questions about property, finance, consumer credit etc etc.
And then. there's the domestic violence question.
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* That is, "never"
Even an involuntary marriage contracted overseas is unlikely to be registrable in Australia.
It can get very complicated very quickly.
A voidable marriage (eg in breach of s23(10(d)(i))
might (in theory, and in the worst case) have you looking at (for example)
Migration Act offences, and/or Centrelink related offences and/or ATO related offences.
(Remembering that these are almost all strict liability offences...)
And that's before the civil questions about property, finance, consumer credit etc etc.
And then. there's the domestic violence question.
---------------------------------------------------
* That is, "never"
That is interesting that someone put into an arranged marriage against their will can be subject to migration offenses if they claim as such? I mean what is the lesson here? Shut up and accept the marriage or else immigration is coming for you?
If subsequent actions, such as signing a form
as being "true and correct", when it knowingly isn't,
puts those offences on the table.
In this, as in all things, it's not simple.
Much depends on the facts and circumstances,
but understand, we are not talking about parking tickets here.
as being "true and correct", when it knowingly isn't,
puts those offences on the table.
In this, as in all things, it's not simple.
Much depends on the facts and circumstances,
but understand, we are not talking about parking tickets here.
I see, it is because of the official statement on record suddenly changing.
Still, at the time they signed, they are accepting the bad situation they are in, probably hoping things improved. They could not anticipate things getting worse and deciding to get out of that bad situation?
Rather, knowingly being false in the first place, and getting found out.
Onus would be on the person to show that to be the case.
That can be hard enough even when it's true.
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