No Further Stay Visa - Condition and Exception

Running head: MIGRATION LAW
No Further Stay Visa
Name of the student:
Name of the university:
Author note

1MIGRATION LAW
Letter of Advice
To
Mr. X
Melbourne
Australia
Sub: condition and exception of no further stay visa
Respected Sir/ Madam,
In Australia, there are many provisions included under the application for
granting visa and certain terms and conditions are applicable on the same with a purpose to
make all the related provisions and entry clear and reasonable1. Under the Australian
Migration Act, there is a provision on the No Further Stay application that restricts an
applicant to file another substantive visa application in Australia2. The visa conditions include
visitor visa, training and research visa and any other visa. However, there is a waiver to this
provision has been mentioned under the condition of 8503 that the delegates has the power to
waive the visa terms if any of the following grounds have been attracted:
 If any compelling and compassionate situation has been cropped up;
 The person should have no control over the situation;
 The situation can bring huge change in the life of the applicant and th nature of the
change should be permanent;
 The Ministry of Delegate should be satisfied that the newly developed situation is
different and can bring permanent change in the applicant’s life; and
1 Clibborn, Stephen. "Why undocumented immigrant workers should have workplace rights." The Economic
and Labour Relations Review 26.3 (2015): 465-473.
2 Crock, Mary. Immigration and refugee law in Australia. Federation Press, 2018.

2MIGRATION LAW
 The request of waiver should be made in the written form3.
All the necessary provisions have been discussed in the case of Ramos v
Minister for Immigration [2017] FCCA 2412, where the Federal Circuit Court of Australia
has correctly interpreted the grounds of 8503 condition and an outline of the request
application under this visa condition has been set out by this case.
It has been observed in this case that the applicant Ms Ramos has made a
request to the delegate to waive her 8503 condition and her request has been cancelled. This
case is quite appropriate to understand the terms mentioned in other provisions of the
Migration Act that are co-related to the current provision. The prescribed conditions that are
useful under this condition are prescribed in the regulation of 2.05(4) and the delegates are
empowered to reject any application if those conditions have not been attracted4. A close
interpretation of the term “compelling” has also been discussed in this case. It has been
observed by the court in this case is that if the visa-holder has been faced any situation that
has been cropped up after the visa has been allocated to him and the applicant has no control
over the situation, only then the applicant can secure his position for the waiver ground.
However, it has been observed that in case of any personal cause, the option for compelling
circumstances could not be taken into account. In the Ramos’ case, all the compelling
grounds that are shown and mentioned by the applicant are connected to her personal matter.
It has been stated by her that she had a relation before and her partner was violent in nature. If
her visa will be cancelled and she had to return to Philippines, where from she is actually
belongs to, will change her life. There is a provision mentioned in this case that if the
applicant can successfully shows the fact that she is unit for the travel or any of his close
3 Australia, Multicultural. "Department of Immigration and Multicultural Affairs." (2016).
4 Dauvergne, Catherine. Making people illegal: What globalization means for migration and law. Cambridge
University Press, 2017.