Letter of Advice on Exceptional Circumstances for Extension of Stay in Australia

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Migration Law

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Letter of Advice
To
Name: Please Insert
Address: Please Insert
Date: Please Insert
The aspect related to exceptional circumstances would be explained to you in this letter
taking account of the facts and circumstances of your situation in terms of the extension of
your stay in Australia as per the relevant laws and regulations related to migration. The term
exceptional circumstances with regard to the extension of the stay in Australia for a holder of
Subclass 600 visa implies that the extension of the stay in Australia would be taken into
consideration only if the requirements of Sub-clause 2 of Clause 600.215 of the Migration
Regulations of 1994 with regard to the categories and classes of the visas. Such an approach
was taken into account in Yassa’s case by the Administrative Appeals Tribunal of Australia1.
In this case, the appeal was not accepted with regard to the application for extension of stay
in Australia since there was no compliance with requirements with reference to the
requirements of Sub-clause 2 of Clause 600.215 of the Migration Regulations of 1994. The
key thing associated with such kind of extension of stay would be the period of at least one
additional year in Australia on a consecutive basis which may be more. It was further asserted
by the Administrative Appeals Tribunal of Australia that there is no conclusive meaning of
the term exceptional circumstances with respect to its statutory interpretation. If it is implied
that there was a breach of visa, the exceptional circumstances with regard to the breach are to
be implied as far as application to the Minster under Section 137 K of the Migration Act of
1958 is concerned by following the appropriate procedure. Such an application is validated in
accordance with Section 137 L of the Migration Act of 19582. The applicant has to present
the credible evidence with regard to such kind of exceptional circumstances as far as the
application to set aside the cancellation of the visa is concerned. Such provisions are to be
applied in terms of the extension of the stay of a person who holds a student permit. The
word exceptional is taken into account to describe any event or a scenario which is not
occurred on a regular basis. There is a wide range of events which can be classified as
1 Yassa (Migration) [2019] AATA 1078
2 Migration Act 1958 (Cth) 1958 s. 137 L

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exceptional circumstances as far as its general meaning is concerned. The aspect in this
regard which is to be taken into consideration is the occurring of the instances which are not
in the control of the party concerned. The main reason for the non-acceptance of the
application regarding the extension of the stay in Australia by the Administrative Appeals
Tribunal of Australia was that the applicant was already a holder of a bridging visa and the
kind of visa for which the applicant sought was visitor visa which would not be a permanent
visa. The Administrative Appeals Tribunal of Australia also took init consideration the policy
of the Department of immigration which is known as Procedures Advice Manual in order to
interpret the term exceptional circumstances. The Procedures Advice Manual exemplifies the
term exceptional circumstances in an effective and efficient manner thereby setting out the
grounds for which visa can be granted for staying in Australia for a period longer than a year
on a continuous basis. It further implies that such grounds under the Procedures Advice
Manual are to be taken into account in terms of exceptional circumstances in accordance with
Sub-clause 2 of Clause 600.215 of the Migration Regulations of 1994 as far as the impact of
the policy is concerned in terms of “exceptional circumstances”. It is imperative form the
case of Yassa that the literal rule of interpretation was applied and implemented with regard
to the interpreting of the term exceptional circumstances accordingly as far as the approach of
the Administrative Appeals Tribunal of Australia is concerned. The extrinsic materials used
by the Administrative Appeals Tribunal of Australia with regard to the interpreting of the
term exceptional circumstances include the referring of the cases and legislations in the
desired manner as far as the derivation of the comprehensive outcomes are concerned. The
cases referred to by the Administrative Appeals Tribunal of Australia include An v Minister
for Immigration and Citizenship, Wang v Minister of Immigration and Multicultural and
Indigenous Affairs and Hatcher v Cohn. The legislations which were taken into consideration
by the Administrative Appeals Tribunal of Australia include the Migration Regulations of
1994 and the Migration Act of 1958. As a result, these extrinsic materials were taken into
account by the Administrative Appeals Tribunal of Australia in terms of the interpretation of
the phrase exceptional circumstances in the desired manner as far as the proceedings of the
Yassa case are concerned. As a result, it is imperative that the Administrative Appeals
Tribunal of Australia played an extremely important role with regard to the usage of such
kinds of extrinsic materials for the purpose of making a decision in a conclusive manner on
the basis of the facts and circumstances of the Yassa case as far as the rejection of the
application of visa is concerned. If any of the categories of visa as per Sub-clause 2 of
Clause 600.215 of the Migration Regulations of 1994 are to be granted with regard to