Just a few weeks in the past, Monica Diaz acquired an e-mail in her inbox that turned her life the other way up.
It got here from the Division of House Affairs and was fully out of blue, she mentioned
"It was a discover which mentioned they're contemplating cancelling my visa," Diaz advised 9news.com.au.
"The discover mentioned I had 14 days to supply a proof of why I ought to stay within the nation; in any other case I might be given 28 days to depart."
Diaz, a 34-year-old Spanish nationwide, has been residing in Melbourne for six years.
Shortly after transferring to Australia in 2016, Diaz, who works as a dance educator, met the person who would turn into her accomplice of 4 years.
After spending two years collectively, they utilized for a accomplice visa for Diaz in September 2018.
Pandemic-related processing delays meant the visa took one other two years to be granted.
Eighteen months in the past, in March 2021, Diaz was given Australian everlasting residency.
However, a couple of month later, Diaz mentioned the connection together with her accomplice ended.
Whereas distressing on the time, the break-up would turn into painful in additional methods than one.
Underneath Australia's immigration regulation, migrants granted everlasting residency by way of a accomplice visa can't have their visa cancelled on account of a subsequent break up.
Nevertheless, if a pair finish their relationship earlier than a everlasting visa is granted, the applying will likely be cancelled and the visa refused.
Diaz was knowledgeable that, in her case, her ex-partner had made a cellphone name to immigration a couple of week after the accomplice visa was granted.
Throughout that cellphone name, Diaz's former accomplice allegedly claimed their relationship had led to December 2020, 4 months earlier than the visa was granted.
Eighteen months later, House Affairs issued the "Discover of Intention to Contemplate Cancellation" (NOICC)" to Diaz on the premise of the data given throughout that cellphone name.
Diaz was later advised a special story by her former accomplice. She mentioned she was terribly "fortunate" her ex-partner agreed to signal a statutory declaration confirming they had been nonetheless in a relationship when the visa was granted.
Nevertheless, Diaz mentioned she was left "indignant and confused" by the House Affairs discover and was nonetheless fearful for her future in Australia.
"I used to be shocked," she mentioned, "They waited 18 months to behave on a random cellphone name that might doubtlessly find yourself in me being deported.
"The primary three days I used to be misplaced. All of the suggestions are to hunt authorized illustration, however there's additionally the truth that not everybody has entry to authorized illustration.
"If that's the case you do not even stand an opportunity."
Swinging into motion, Diaz's employer and buddy arrange a web-based fundraiser, which helped increase the cash for her to interact a lawyer to arrange a response to immigration on her behalf.
Diaz then referred to as her ex-partner who, to her reduction, answered the cellphone.
She mentioned he appeared confused by the discover she had acquired from House Affairs, however agreed to signal the statutory declaration at her lawyer's workplace.
Diaz's response to House Affairs, submitted final week and seen by 9news.com.au, additionally consists of condo leases and payments as proof.
Regardless of feeling as if she had mounted a robust case in her defence, Diaz - who remains to be awaiting a call from House Affairs - mentioned her future had been left hanging within the steadiness.
"I do have quite a lot of assist and quite a lot of legitimate proof however the reality is now every thing's out of my management," she mentioned.
"I may get a case officer who's having a nasty day and decides I am not even going to learn it and cancel my visa. These issues occur every single day."
Diaz, who had been planning to use for citizenship in Australia, mentioned being deported again to Spain could be devastating.
"It will imply the life that I constructed for six years right here vanishes," she mentioned.
"I've a life right here, I've my chosen household right here. I've a safe full-time job, I pay taxes, I pay payments. It is nonsense."
Diaz's lawyer, Donald Gordon - who's a accomplice at SG Attorneys and an immigration and household regulation specialist - mentioned it was legally problematic that House Affairs waited for 18 months to place the allegations to Diaz.
"Immigration acquired this data a 12 months and a half in the past, they usually simply sat on it," Gordon mentioned.
"We have argued in our reply that it is a enormous breach of procedural equity and pure justice.
"You may't do that within the Australian authorized system, however immigration tends to get away with this stuff."
Gordon mentioned a broader challenge, which he had witnessed within the instances of lots of his shoppers, was that the system was left open to exploitation by vindictive, and infrequently abusive, present or former companions.
"It is such a robust instrument that disgruntled Australian companions have since you're mainly capable of maintain your accomplice to ransom even after they have their everlasting residency," he mentioned.
"An ex-partner can merely simply name up and make a verbal after which immigration sends them a bit, two-line type they fill out and it is completed.
"Anybody can do it if they have an enormous grudge or in the event that they need to get again at their accomplice. It is scary."
Unnecessarily lengthy accomplice visa processing delays meant weak migrants - who had left behind their household, job and livelihoods to maneuver to Australia - may doubtlessly be uncovered to years of abuse, Gordon mentioned.
"The system permits for an enormous factor of coercive management not solely throughout these relationships, however within the interval after (in instances the place there's a break-up)," Gordon mentioned.
Underneath immigration regulation, there are some protections in place which permit for migrants to be granted everlasting visas the place they've skilled household violence.
Nevertheless, gathering proof of household violence could possibly be tough, and the protections additionally didn't cowl instances the place there was no previous abuse however a present or former accomplice could possibly be appearing out of spite, Gordon mentioned.
"There's truly an enormous distinction between household violence and a former accomplice holding a grudge," he mentioned.
Gordon mentioned he believed adjustments wanted to be made to make sure House Affairs acted inside an affordable time-frame when it got here to investigating data handed on to the division.
Migrants also needs to be given the complete particulars of claims made in opposition to them, and have their work rights protected in the event that they selected to attraction a call by House Affairs to deport them, Gordon mentioned.
A spokesperson for House Affairs mentioned the division couldn't touch upon particular person instances on account of privateness points.
"Visa cancellation powers assist to make sure the safety of the Australian neighborhood and the integrity of Australia's borders and visa packages," the spokesperson mentioned.