Introduction agencies and spousal immigration

December 1, 2002

High numbers of marriages contrived for the purpose of migration have made it harder for those who have met through introduction agencies to get spouse visas. However, it is not an impossible task, as migration case law has developed to accommodate the increasing practice of meeting partners over the internet that has come with the growth in technology and globalisation.Marriages that have formed from an initial internet meeting have traditionally been viewed with suspicion by the Department of Immigration due to such problems as “sham marriages” and “mail order brides”. Further, a lack of a common language or the fact that a couple has known each other for only a few weeks, for example, might raise alarm bells.According to the Immigration Department, the total number of allegations of contrived marriages in 1999-2000 was 1470, an increase of 13 percent from the previous year.The immigration authorities clearly view contrived marriages as a serious problem, imposing a maximum penalty of ten years in prison for those involved in sham marriage rackets.Nevertheless, the Immigration Department's web site notes that the "evidentiary standards required to prove that a marriage is not genuine" make legal action against contrived marriages difficult.In addition to immigration rackets, there are other reasons that the government is suspicious of introduction agencies. While many introduction services are legitimate concerns that operate within the law, there has of late been a profusion of internet marriage scams.According to the Department of Foreign Affairs and Trade (DFAT) Consular Newsletter, the Australian Embassy in Moscow received a letter from a man who was allegedly scammed out of A$2,500. After email correspondence with a potential bride, the Australian citizen sent money to a Russian woman for air tickets and a visa for travel to Australia. When she didn't show up, he did some research on the internet and found that there were many cases like his.He reported the case to the Australian Embassy in Moscow. After several similar cases came to light, the Embassy liaised with the Russian authorities, who arrested four people in relation to the scam. The embassy estimates that the total loss by foreign citizens to internet marriage scams could amount to hundreds of thousands of dollars.It is within this environment of suspicion and scandal that many genuine spouses must struggle to prove the bona fide nature of their relationship. Because introduction agency applicants may experience more difficulties and incur greater legal costs through appealing their cases, even though such marriages may be sincere and legally permissible, it is therefore vital that applicants seek qualified legal representation and advice from the time of initial application.High quality legal representation is certainly advisable given the possibility of review. Partners who have met through such agencies can expect tougher scrutiny at the primary level than other applicants and thus many applicants have appealed their cases to the Migration Review Tribunal (MRT) after the primary decision was rejected.The Migration Review Tribunal as demonstrated in numerous cases a more liberal approach to marriage that recognizes the many cultural, political and economic reasons that may influence a marriage, such that the traditional platonic love may not be the only reason basis for a couple’s marriage. Ultimately, it is permissible for migration to be part of a decision to marry, so long as "the parties have a mutual commitment to a shared life together as husband and wife to the exclusion of others." [Ethnic Affairs v Dhillon (1992)]Author Tim McDonald, Editor Anne O'Donoghue, Legal Researcher Linda Steele