Substantive Compelling and Compassionate Сircumstances

Compelling and Compassionate circumstances are major changes that are generally beyond your control and affect your ability to meet the requirements after you’ve been granted your current visa.

Examples  of the Compelling and compassionate circumstances you should be taking into consideration depend on the reason. Although there is no clear definition given in any migration legislation for compelling and compassionate circumstances, there are some guidances and directives in a form of PAMs (Departmental Policy Administrative Manuals). At the end of the day, it’s always up to decision maker if they’ll accept the submission outlining all the reasons why the decision maker should do what you ask for.

Different circumstances might be required to be shown when looking for:

• a no further stay condition 8503 waiver;
• priority processing of the visa;
• course deferral in the Educational Institution;
• revocation of a visa cancellation under s501 of a Migration Act 1958;

Some examples of Compassionate and Compelling Circumstances:

• Medical illness or injury of a student or the student’s close relative requiring hospitalisation or apply functional impact on the student’s day to day activities;
• Sudden death of a family member where evidence can be provided in the form of a Death Certificate;
• An adverse experience that has impacted on the student such as involvement or witnessing a serious accident or witnessing or being a victim of a crime;
• A major political upheaval or natural disaster in the student’s home country requiring immediate emergency travel;
• Inability to begin study in a program on the agreed date due to a delay in receiving a student visa; 
• Subject unavailability at your present Educational Institution.

Some examples not considered as compassionate or compelling circumstances

• A desire to change a course due to lower fees;
• The course not what expected;
• Minor illnesses or homesickness; 
• Difficulties in adjusting to living in Australia or academic life;
• Failure to enrol in your course by the enrolment date;
• Failure to understand or seek clarification of key dates or withdrawal procedures;
• Distance of your accommodation from your Educational Institution  Campus;
• Financial problems;
• A desire to move to another provider to be with friends;
• Matters unrelated to your studies at the Educational Institution;
• Work commitments.

What are the compelling circumstances that affect the interests of Australia?

Some examples provided in a PAM (Departmental Policy) include circumstances where:

• Australia’s trade or business opportunities would be adversely affected were the visa not be granted;
• Australia’s relationship with a foreign government would be damaged if the visa is not granted;
• Australia would miss out on a significant benefit that the visa applicant could contribute to business, economic, cultural, or other development (such as possessing a special skill in high demand in Australia) if the visa were not granted.

Factors such as working and paying taxes, paying fees to an education provider, or spending money in Australia  would not be deemed to be compelling circumstances  that affect the interests of Australia for this purpose.

What are compassionate or compelling circumstances that affect the interests of an Australian citizen, permanent resident or eligible New Zealand citizen?

Compassionate or compelling circumstances must directly affect an Australian or eligible New Zealand citizen.

Examples of factors outlined in policy which the Department may consider include where:

• A child who is an Australian citizen, permanent resident or eligible New Zealand citizen would be adversely affected by a decision not to apply the waiver;
• There are significant health or welfare issues affecting an Australian or eligible New Zealand citizen; 
• a decision not to waive would result in the continuing separation of immediate family members, due to the Australian or eligible New Zealand citizen being unable to live in the applicant’s country of residence or a third country. 

COVID-19 and «No Further Stay» Conditions

The present effects of COVID-19 and the related travel restrictions are matters that may be considered relevant for the waiving of a “No Further Stay” condition.

If you are in Australia and your current visa has one of the conditions “No Further Stay” attached to it then you must depart Australia prior to your current visa expiry or seek to have this condition waived so that you can then apply for a new visa from within Australia. This must be undertaken prior to the expiry of the current visa.

To have the condition ‘No Further Stay’ waived you must demonstrate that:

• Since being granted the visa that was subject to the condition, compelling and compassionate circumstances have developed: 

• over which you had no control; AND 

• that resulted in a major change to your circumstances.
• If the minister has previously refused to waive the condition, the minister is satisfied that the circumstances mentioned in paragraph (1) are substantially different from those considered previously.

A request to waive a ‘No Further Stay’ condition, associated with your current visa, must be made in writing.

If you require any further information regarding Compassionate or compelling circumstances and how they can “save your visa”, or you need help in arguing them, or need assistance with any other matters related to immigration to Australia, please book a free preliminary interview.