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You are a registered migration agent. Ronny, aged 24 and a citizen of Canada, and Steve, an Australian citizen aged 34, approach you for assistance in responding to a letter they received from the Department of Immigration and Border Protection (DIBP). They have lodged a partner visa application for Ronny as they have been living together in a committed relationship for 3 years. Ronny came to Australia with his family when he was aged 17. His parents were in Australia on temporary work visas.
When Ronny told his family he was gay, his father disowned him. He did not return to Canada with them when their temporary work visas expired after four years. He has been living unlawfully in Australia for the past 4 years.
Unfortunately, Steve was recently diagnosed with an aggressive form of bone cancer. He has been told he will require surgery on his leg to attempt to remove the diseased bone, and that he may lose his leg. Following surgery, he will require months of chemotherapy and will need Ronny’s support during this difficult time. Steve says he cannot imagine Ronny not being here with him and, faced with the difficult time ahead, Steve convinced Ronny that they need to resolve his visa situation. With the help of some friends, Ronny and Steve lodged a partner visa application a month ago.
His doctors have told Steve that he will be off work for several months following surgery, and he will be quite limited in what he can do around the home.
They received a letter from DIBP acknowledging receipt of the application and providing them with a file reference number. The letter states in part:
As your previous substantive visa has expired you were an unlawful non-citizen at the time you lodged your application for the subclass 820 / 801 partner visa. As an unlawful non-citizen there are additional requirements that have to be satisfied before your visa application can be considered ....
Task: On behalf of Ronny, draft submissions to the case officer addressing the relevant criteria that have to be satisfied because of his status as an unlawful non-citizen.