Paul

Hi:

According to http://www.immi.gov.au/extend/extend-conditions.htm ,
condition 8503 (or "No Further Stay") can be waived by DIMIA
in Australia ON CONDITION of "compelling and compassionate
circumstances that have arisen since your visa was granted and
that represent a major change in circumstances beyond your
control".

Can anyone give me some examples of "compelling and compassionate
circumstances" where foreigners got their "no further stay" waived
by DIMIA ? (note: your examples should be based on facts or
history)
Also, if you know any publication on this subject (i.e., examples
of DIMIA's "compelling and compassionate circumstances",
please let me know.

Thank you.


================================================== =============
Source: http://www.immi.gov.au/extend/extend-conditions.htm
Condition 8503 can only be waived in limited
circumstances. There must be compelling and
compassionate circumstances that have arisen since
your visa was granted and that represent a major
change in circumstances beyond your control. Waiver is
not automatic, and cases are assessed individually.
You should be aware that even if a waiver of your 8503
condition is granted and another visa obtained, if you
remain in Australia beyond the period of stay allowed
by your initial visa and that initial visa has or had
an 8531 condition attached to it, then any security
bond lodged in respect of that initial visa is
generally forfeited under law. Also, if your waived
8503 condition was on a Sponsored Family Visitor visa
(subclass 679), then a five-year ban on future
sponsorships applies to your sponsor. This five-year
ban does not apply in the case of Sponsored Business
Visitor visas (subclass 459).

Requests for waiver of an 8503 condition must be in
writing and can be lodged at any office of the
Department of Immigration and Multicultural and
Indigenous Affairs in Australia.

JAJ

1. You almost certainly won't get any "examples" on a free forum.

2. You need to read the Migration Act 1958, Migration Regulations 1994 and the Procedures Advice Manual (PAM) and Migration Series Instructions (MSI). The PAM and MSIs are not online for free, but some state libraries may subscribe. Call the biggest library in your city and work from there.

3. Most migration practitioners report that DIMIA are extremely inflexible on requests for an 8503 waiver.


Jeremy

Mark Webster

Paul,

Getting an 8503 waiver is far from straightforward, and would only be possible in extreme circumstances.

The main reason 8503 would be waived would be where the visa holder has become medically unfit for travel after arrival in Australia (eg through accident). In this case, the visa holder needs to go through a medical examination to establish that they are unable to leave Australia.

Another example would be where a serious natural disaster (eg tsunami) or conflict has occurred in the person's home country, and to require the person to return would be unreasonable.

Is there a particular situation you had in mind?

Paul

Thanks for the answers. My questions are indeed very simple. The
principle of democracy is openness. In USA, there is the so-called
"freedom of information", and even a secretive institution like CIA has
to disclose their secrets after 30 years or so. So, my questions are
related to the history of Condition 8503 since it has been enacted. I'm
sure that some people have exercised their rights to get their
condition (8503) waived by DIMIA. So, I want to know its historical
statistical data, and particularly want to know what reasons were used
by those people to get their condition (8503) waived, and most
importantly want to know what was the outcome from DIMIA. I'm sure that
the data were stored somewhere. But, where?

So, it's very simple questions.

Thanks.

Pollyana

Lots of good info on this thread....

http://britishexpats.com/forum/showthread.php?t=312247

saraliz

As a starting point, you can find published decisions of the Migration Review Tribunal here: http://www.austlii.edu.au/au/cases/cth/MRTA/ - try a search of '8503'.

Luke I Amyofath

try here: http://www.iarc.asn.au/publications/pdfs/cond8503.pdf