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Recently we were able to secure a waiver of a “No Further Stay”(Condition 8503) for clients from China trapped in Australia.
We applied for the condition to be waived because their flights had been cancelled as a result of the Coronavirus (COVID-19) epidemic, and they were unable to travel home. They met all the other requirements for a waiver of the condition.
Background
Our clients travelled to Australia as the holders of Subclass 600 Visitor Visas. The visas had condition 8503, “No Further Stay” imposed on them.
Visa condition 8503 means that a visa holder cannot apply for any other visa onshore, unless the Minister waives the condition.
Condition 8503 remains even if a person becomes unlawful – it never goes away unless it is waived by the Minister or a delegate of the Minister (i.e a case officer).
As our clients’ visas expired in the middle of February and their flights had been cancelled, they needed to have Condition 8503 waived to allow them to apply for another visa while they were onshore in Australia – to prevent them from become unlawful.
Grounds for waiver of 8503
Condition 8503 will only be waived where:
- Since the person was granted the visa that was subject to the condition, compelling and compassionate circumstances have developed:
- Over which the person had no control; and
- That resulted in a major change to the person’s circumstances.
Reason for Waiver
There was no doubt there were factors beyond the control of our clients – i.e. the Coronavirus outbreak. We considered these circumstances met the test of “compelling and compassionate”.
Under policy,
“Compelling and compassionate” circumstances can be understood as circumstances that:
- are sufficiently forceful and convincing for the condition to be waived
- are not unreasonable (in that no reasonable decision-maker could conclude that the circumstances are not compelling) and
- give rise to feelings of sympathy for the suffering or misfortune of others.
As the circumstances our clients found themselves in met the requirements under the Department of Homes Affair’s policy and the Migration Regulations, Condition 8503, No Further Stay was waived, allowing our clients to apply for another visa whilst in Australia.
Need help with your “No Further Stay” condition?
The DHA appears to be taking a compassionate view of waiving the 8503 condition, where visa holders are affected by the travel restrictions caused by the Coronavirus.
As the Virus has now reached every continent, there appears to be wide scope for applying for such waivers.
If you are affected by the travel restrictions and you need to apply for a replacement visa, AND you have condition 8503 imposed on your current visa, please contact us for assistance or book a consultation with us.
