Extramarital Affairs Case Study

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In order to understand the definition of “spouse” in the context of extra marital affairs, it is important to define extra martial affairs. Extra marital affairs, which can also termed as adultery or infidelity is generally defined as consensual sexual and romantic relationship where one - or both parties - is legally married to another individual. Several jurisdiction discourage extramarital affairs such as India, Taiwan, Pakistan and Philippines and criminalise the behaviour. Under the Australian legislative statutory, it would seem that extramarital affairs go beyond the norm due to the insistence of “a mutual commitment to a shared life as husband and wife” under the Migration Regulation 1994 amendment rules. However, this law is generic …show more content…

The phrases of focus are “mutual commitment” and “exclusion of all others” which define the substance of a spousal relationship. Since the regulations relate to the issuance of a visa, the onus is on the minister and his delegates as well as the Migration Review Tribunal to review and determine if in fact an extramarital relationship is occurring between an applicant and sponsor claiming to be in a spousal relationship. In any case, the phrases mentioned above need to be satisfied before a visa is issued. But an impasse does arise in the instance that both spousal couple are aware of an extramarital relationship and the affected spouse has not problem or has accepted the situation. While an extramarital affair may be a source for separation and divorce, what happens if the affected spouse selects to remain in the marriage relationship and sponsor the other spouse for a permanent visa? What does the government do in this case? Yet, in most cases, the evidence of an extramarital affair typically leads to a divorce, which nullified the marital relationship all together. Therefore, there may be no requirement for the issuance of a temporary of permanent visa in such a

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