Letter of Advice on Exceptional Circumstances in Australian Migration Law

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Australian Migration Law

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Table of Contents
Letter of Advice.........................................................................................................................3
Introduction............................................................................................................................3
Progression and analysis of your case....................................................................................3
Conclusion..............................................................................................................................5
Bibliography...............................................................................................................................7

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Letter of Advice
To
Name: Please Insert
Address: Please Insert
Date: Please Insert
Phrase-exceptional circumstances
This letter of advice is being addressed to you in terms of the explanation of the meaning of
exceptional circumstances with regard to migration law of Australia on the basis of your
issue. Such an aspect would be taken into consideration since your situation is related to the
case of Yassa as far as the facts and circumstances are concerned. As a result, the term
exceptional circumstances would be analysed with reference to your case as far as the
extension of your stay in Australia is concerned. It would result in a comprehensive solution
for you if you appeal provided that credible evidence is furnished by you within the maning
of exceptional circumstances. Similar to Yassa case, the application made by you for the
extension of your stay in Australia would be taken into consideration if the exceptional
circumstances are furnished and presented accordingly by you.
The concept of exceptional circumstances as per Schedule 2 of the Migration Regulations of
1994 implies the fulfilment of the requirements of Sub-clause 2 of Clause 600.215 of the
Migration Regulations of 1994 with regard to the extension of the visa for the immigrant
concerned as far as the aspect of Sub-clause 1 of Clause 600.215 of the Migration
Regulations of 1994 is concerned1. With regard to business visitor as per Subclass 600, the
definition of business visitor activity as per Regulation 1.03 of the Migration Regulations of
1994 is to be interpreted2. In the case of Yassa (Migration), the Administrative Appeals
Tribunal of Australia rejected the grant of extension of visa to the applicant since it found that
the conditions enshrined and envisaged under Clause 600.215 of the Migration Regulations
of 1994 were not complied with in the manner concerned taking into consideration the facts
and circumstances in a detailed manner3. The situation in your case is quite similar with
regard to your holding of tourist and bridging visas for the past two and a half years.
1 Migration Regulations (Cth) 1994 sch. 2
2 Migration Regulations (Cth) 1994 reg. 1.03
3 Yassa (Migration) [2019] AATA 1078