Law 3: Analysis of Condition 8503 and Waiver Requirements Report

This report provides a detailed analysis of Condition 8503, a critical clause in Australian visas that restricts further stay. It explains the condition's implications, particularly for temporary visa holders, and the necessity of adhering to visa regulations to avoid adverse effects on future applications. The report emphasizes the possibility of applying for a waiver under compelling and compassionate circumstances, outlining situations such as illness, family emergencies, natural disasters, or civil unrest in the applicant's home country. It clarifies that the waiver request is not a visa application and must be submitted before visa expiration. Furthermore, the report details the circumstances considered beyond the applicant's control, such as marriage to an Australian citizen or pregnancy, and highlights the DIBP's assessment process, which includes verifying the circumstances and ensuring they occurred after the visa was granted. The report also provides a comprehensive bibliography of relevant sources, including government websites and legal resources.

Running Head: Law 1
Law

Law 2
Compelling 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)1
This 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.

Law 3
be 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 circumstances
must 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 long
medical 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.

Law 4
However some circumstances are considered as beyond the control of the applicant, and these
circumstances are stated below3:
 If person get married to or commence de facto relationship with a citizen of Australia or
permanent resident of Australia.
 If women become pregnant, in this case for being eligible to waiver women must show
the evidence that because of their pregnancy they are unable to move from Australia.
However, it is necessary that changes must occur after the visa was granted or review request of
person will not be successful. No option is available to person to file appeal against the refusal of
waiver application. If the holder of the visa still wants waiver then request can be submitted, but
waiver is granted by DIBP only when circumstances have significantly changed from the first
request4.
Government support: Person is eligible for waiver if such person is sponsored by the
Government of Commonwealth, government of an Australian State or Territory or the
government of a foreign country, but such person is applied for a temporary work visa for the
purpose of continue or commence their scholarship program. 5
Various tests are conducted by department for assessing the compelling and compassionate
circumstances of the person. Following things are considered by the DIBP while providing the
waiver:
3 Australia Visa Conditions 8503 and 8558, < http://www.australiavisa.com/immigration-news/conditions-8503-
and-8558/>, Accessed on 11th October 2017.
4 Google, The Migration Health Requirement, < https://www.google.co.in/url?
sa=t&rct=j&q=&esrc=s&source=web&cd=4&cad=rja&uact=8&ved=0ahUKEwjO6MCx3OfWAhUHMo8KHV1SCgQQF
gg2MAM&url=http%3A%2F%2Fwww.aph.gov.au%2Fparliamentary_business%2Fcommittees
%2Fhouse_of_representatives_committees%3Furl%3Dmig%2Fdisability%2Fsubs
%2Fsub066.pdf&usg=AOvVaw2orFKvgRseBWyb8JpdxOoE>, Accessed on 11th October 2017.
5 AHRC, CM v Commonwealth of Australia (DIBP), <
https://www.humanrights.gov.au/sites/default/files/document/publication/2015_AusHRC_99.pdf>, Accessed on
11th October 2017.

Law 5
 Department check whether circumstances stated by person are beyond the control of the
parties or not.
 Department cross verify the evidences provided by the person for ensure that person
sustain injury, fall very ill, and becomes pregnant because of which it is not safe to fly6.
 If the reason of pregnancy is there then DIBP ask for medical certificates which ensure
that it is not safe for women to fly.
After taking above steps, DIBP must ensure that if applicant applied for waiver of condition
8503then in such situation circumstances which justified the waiver must be happen when visa
was already granted to the person and such circumstances must not be in the control of applicant.
BIBLIOGRAPHY
Website
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-
6 UNE, Compassionate and Compelling circumstances, <
https://www.une.edu.au/__data/assets/pdf_file/0014/108212/compassionate-compelling-guidelines.pdf>,
Accessed on 11th October 2017.

Law 6
have-a-compelling-or-compassionate-reason-for-wanting-to-travel-urgently-to-australia-can-this-
be-taken-into-account>, Accessed on 11th October 2017.
ISA Group, Visa Conditions, < http://isa.com.au/visa-conditions/>, Accessed on 11th October
2017.
Australia Visa Conditions 8503 and 8558, <
http://www.australiavisa.com/immigration-news/conditions-8503-and-8558/>, Accessed on 11th
October 2017.
Google, The Migration Health Requirement, < https://www.google.co.in/url?
sa=t&rct=j&q=&esrc=s&source=web&cd=4&cad=rja&uact=8&ved=0ahUKEwjO6MCx3OfW
AhUHMo8KHV1SCgQQFgg2MAM&url=http%3A%2F%2Fwww.aph.gov.au
%2Fparliamentary_business%2Fcommittees%2Fhouse_of_representatives_committees%3Furl
%3Dmig%2Fdisability%2Fsubs%2Fsub066.pdf&usg=AOvVaw2orFKvgRseBWyb8JpdxOoE>,
Accessed on 11th October 2017.
AHRC, CM v Commonwealth of Australia (DIBP), <
https://www.humanrights.gov.au/sites/default/files/document/publication/
2015_AusHRC_99.pdf>, Accessed on 11th October 2017.
UNE, Compassionate and Compelling circumstances, <
https://www.une.edu.au/__data/assets/pdf_file/0014/108212/compassionate-compelling-
guidelines.pdf>, Accessed on 11th October 2017.