Compelling and Compassionate Circumstances †MyAssignmenthelp.com

Question: Discuss about the Compelling and Compassionate Circumstances. Answer: Compelling and compassionate circumstances: Condition 8503 is a condition which defines no further stay if applied to the visa of person, and it does not allowed grant of another substantive visa to the person if person resides in Australia. If applicant made any other application for visa then such application is considered as invalid application. Those visas which have this condition include: Visa related to visitors- approved destination stream (subclass 600). Visa related to visitors- sponsored family stream (subclass 600) Training and research visa professional development stream (subclass 402)[1] This condition is also applied on other temporary visas also, and it is important to go through the notice related to the visa, because if person breach any condition related to visa then it will adversely affect the status of current visa and future visa applications. Unless applicant have compassionate and compelling reasons to prolong their stay after the expiry of visa, applicant need to leave the Australia before applicant make another application of visa. If person have compassionate and compelling reasons then person can apply for waiver. For applying of waiver, it is necessary that person does not breach condition 8503, and if applicant become unlawful and his/her visa ceased then also condition 8503 will still apply and any further application will still require request for waiver. Waiver request is not considered as visa application, and no bridging visa will be granted if applicant lodge for waiver. It is necessary that request be made before the expiration of substantive visa. Sometime DIBP take 2-3 months to process the request, therefore request must be made within time. If circumstances becomes such that will leave the applicant in the position in which person has to stay in Australia but does not have enough time to wait for processing time then in such case applicant must directly contact to the Department of Immigration and Border Protection (DIBP). If DIBP does not grant waiver to the applicant who is in Australia then such person become unlawful in Australia[2]. If applicant applied for waiver of condition 8503then in such situation circumstances which justified waiver must be occurred after the visa was granted to the person and such circumstances must not be in the control of applicant. Compelling and compassionate circumstances incudes: Not fit to travel: if any person sustain injury, fall very ill, and becomes pregnant because of which it is not safe to fly then such person can apply for waiver. Any pre-existing long medical condition is also fall under this ambit. Death or serious illness to any family members- if any loved one of person in Australia has been passed or suffering serious illness and it becomes necessary that person stay for support then in such case person is eligible to waiver to stay in Australia. It also includes pre-existing medical condition of love one. Natural disaster in home country- person cannot be compelled to return to home country, if there is any natural disaster in their country and their life would be in danger if they go back. War or severe civil unrest in home country- person would not be expected to return to home country if home country suffers unstable condition However some circumstances are considered as beyond the control of the applicant, and these circumstances are stated below[3]: If person get married to or commence de facto relationship with a citizen of Australia or permanent resident of Australia. If women become pregnant, in this case for being eligible to waiver women must show the evidence that because of their pregnancy they are unable to move from Australia. However, it is necessary that changes must occur after the visa was granted or review request of person will not be successful. No option is available to person to file appeal against the refusal of waiver application. If the holder of the visa still wants waiver then request can be submitted, but waiver is granted by DIBP only when circumstances have significantly changed from the first request[4]. Government support: Person is eligible for waiver if such person is sponsored by the Government of Commonwealth, government of an Australian State or Territory or the government of a foreign country, but such person is applied for a temporary work visa for the purpose of continue or commence their scholarship program. [5] Various tests are conducted by department for assessing the compelling and compassionate circumstances of the person. Following things are considered by the DIBP while providing the waiver: Department check whether circumstances stated by person are beyond the control of the parties or not. Department cross verify the evidences provided by the person for ensure that person sustain injury, fall very ill, and becomes pregnant because of which it is not safe to fly[6]. If the reason of pregnancy is there then DIBP ask for medical certificates which ensure that it is not safe for women to fly. After taking above steps, DIBP must ensure that if applicant applied for waiver of condition 8503then in such situation circumstances which justified the waiver must be happen when visa was already granted to the person and such circumstances must not be in the control of applicant. References DIBP, I have a compelling or compassionate reason for wanting to travel urgently to Australia. Can this be taken into account, https://www.border.gov.au/Lega/Lega/Form/Immi-FAQs/i-have-a-compelling-or-compassionate-reason-for-wanting-to-travel-urgently-to-australia-can-this-be-taken-into-account, Accessed on 11th October 2017. ISA Group, Visa Conditions, https://isa.com.au/visa-conditions/, Accessed on 11th October 2017. Australia Visa Conditions 8503 and 8558, https://www.australiavisa.com/immigration-news/conditions-8503-and-8558/, Accessed on 11th October 2017. Google, The Migration Health Requirement, https://www.google.co.in/url?sa=trct=jq=esrc=ssource=webcd=4cad=rjauact=8ved=0ahUKEwjO6MCx3OfWAhUHMo8KHV1SCgQQFgg2MAMurl=http%3A%2F%2Fwww.aph.gov.au%2Fparliamentary_business%2Fcommittees%2Fhouse_of_representatives_committees%3Furl%3Dmig%2Fdisability%2Fsubs%2Fsub066.pdfusg=AOvVaw2orFKvgRseBWyb8JpdxOoE, Accessed on 11th October 2017. AHRC, CM v Commonwealth of Australia (DIBP), https://www.humanrights.gov.au/sites/default/files/document/publication/2015_AusHRC_99.pdf, Accessed on 11th October 2017. UNE, Compassionate and Compelling circumstances, https://www.une.edu.au/__data/assets/pdf_file/0014/108212/compassionate-compelling-guidelines.pdf, Accessed on 11th October 2017.