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(Doc) Law Assignment Solved

   

Added on  2020-03-16

6 Pages1114 Words141 Views
Running Head: Law 1Law

Law2Compelling 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)1This 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 1 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.

Law3be 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 Australia2. 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 circumstancesmust 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 longmedical 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 2 ISA Group, Visa Conditions, < http://isa.com.au/visa-conditions/>, Accessed on 11th October 2017.

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