Migration Law: Letter of Advice on Exceptional Circumstances for Extension of Stay in Australia

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Migration Law

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Table of Contents
Letter of Advice.........................................................................................................................3
Exceptional circumstances.....................................................................................................3
Policy......................................................................................................................................3
Principles of statutory interpretation......................................................................................4
Extrinsic material...................................................................................................................5
Application not successful.....................................................................................................5
Bibliography...............................................................................................................................6

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Letter of Advice
To
Name: Please Insert
Address: Please Insert
Date: Please Insert
Exceptional circumstances
The expression “exceptional circumstances” would imply the occurring of unusual events
which are beyond the control of an average human being. In your case, the aspect of
exceptional circumstances was not satisfied thereby leading to the rejection of your extension
by the concerned official of the Department of Immigration. Similar chain of events had
occurred in the case of Yassa as implied by the decision made by the Administrative Appeals
Tribunal which led to the rejection of the extension of stay in Australia as the conditions in
terms of exceptional circumstances were not fulfilled by the applicant with respect to Sub-
clause 2 of Clause 600.215 of the Migration Regulations of 1994 as far as the extension to be
granted is concerned1. As a result, it is imperative that your case would be considered for
further review or appeal if you provide concrete evidence for exceptional circumstances
based on the events which have taken place in your life as a result of which you need
extension for your stay in Australia. It means that such events do not occur on an ordinary
basis. It further implies that the circumstances are to be delved into in a detailed manner so as
to take into consideration that not granting of extension of stay in Australia would result in
more severe issues for you as far as your medical conditions are concerned. In this matter, the
medical reports are to be analysed regarding the satisfaction of the of the phrase “exceptional
circumstances” as implied by Sub-clause 2 of Clause 600.215 of the Migration Regulations of
1994 for the types of the visas that are to be granted. The phrase “exceptional circumstances”
would play a vital role in terms of mitigation as far as your case is concerned if it is observed
form the facts that you had no control over the instances which led to the situation.
Additionally, it is to be taken into consideration that you would encounter various kinds of
1 Yassa (Migration) [2019] AATA 1078