Examples of compelling and compassionate circumstances you should be taking into consideration depend on the reason. Although there is no clear definition given in any legislation for compelling and compassionate circumstances, there are some guidances and directives. At the end of the day, it’s always up to decision maker if they’ll accept the submission, so it is important to follow up the rules and write a letter outlining all the reasons why they should do what you want.
Different circumstances might be required to be shown when looking for:
- a no further stay condition 8503 waiver
- priority processing of the visa
- course deferral in the school
- revocation of a visa cancellation under s501 of a Migration Act
Compelling and compassionate circumstances for a no further stay condition waiver
You’d be looking for a no further stay waiver in the situation where you’d like to apply for another visa while in Australia. Situations, where a case officer would lift a condition, are quite limited and must show:
- a major change happened while you’ve been in Australia
- the change in circumstances must have happened after you’ve been granted your current visa
- the change must have been beyond your control
Examples of circumstances could include:
- war, unrest or international conflict has been declared in your country of origin and you are feared of your life
- your child has been born. The other parent is an Australian PR or citizen.
- sickness
The fact itself is never enough, you must also argue in your submission why you should not leave Australia.
Compelling and compassionate circumstances for priority processing of the visa
This one would apply predominantly for work visas. If the business is in dire need of a particular employee, they may write a submission to the case officer for a consideration of a priority processing. It’s up to the case officer if they will accept such a request. It does not really make a sense to send such a request if the application is NOT decision ready. Make sure all the required documents have been submitted with the application, otherwise you’ll land on the end of the cue for messing around. Give us a call if you need any assistance with your sponsorship, nomination or visa process.
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Compelling and compassionate circumstances for course deferral in the school
It’s up to the school and there is nothing about a visa or migration. Once school will defer your course you’ll also need to take care of your visa as any course changes will impact your visa as well. You don’t want to get a NOIC because you did not advise a department of immigration about your course changes, right? Schools don’t mind a migration act, they are bonded by an Education Services for Overseas Students (ESOS) Act (2000) and the National Code of Practice for Registration Authorities and Providers of Education and Training to Overseas Students 2007. Nonetheless, the examples of circumstances may include:
- natural disaster or major political upheaval in your home country which requires immediate emergency travel
- your visa has not been granted on time
- sickness
Lack of funds will usually not be considered.
Compelling and compassionate circumstances for revocation of a visa cancellation under s501 of a Migration Act
This one is big. A direction 65 has been created to make sure everybody is on the same page what may be considered as a compelling and compassionate. If you’ve been sentenced to 12 months or more your visa would be automatically canceled under s501 of a Migration Act. If you think as a permanent visa holder you’re exempt from cancellation as it is “permanent” – you’re wrong. It’s a visa and it could be canceled. For your visa to be revoked you have to pass so-called “character test”. You must show that you are a person of integrity and an Australian community would miss you should you be removed from Australia. Submission mustn’t be about you, but about your role in a society. When assessing your case DIBP will consider:
- protection of the Australian community from criminal or other serious conduct; and
- the best interests of children under 18 years old in Australia; and
- expectations of the Australian Community
- International non-refoulement obligations
- Strength, nature, and duration of ties
- How cancellation would impact on Australian business interests
- How cancellation would impact on members of the Australian community;
- Note that this includes any victims of your crimes and their family members
- Any difficulties you will face in establishing yourself and maintaining a basic standard of living in your home country, because of:
- Your age and health;
- Substantial language or cultural barriers; or
- Whether there is insufficient social, medical and/or economic support available to you in that country
There are many different circumstances which could be taken into consideration and there is no way to list them all.
If you need an assistance with your visa matters which require compelling and compassionate circumstances submission do not hesitate to give us a call or contact us.
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