8503 Waiver for Carer Visa Applicant

Problem

Our client made a request for the waiver of 8503 from their visitor visa that was denied. In order for the Immigration Department to consider a new request, any claims made in the new request must substantially differ from those considered previously. 

Our view was the first request failed to correctly articulate the client’s circumstances. We felt that we were able to submit arguments that substantially differed from those considered in the previous refusal. 

Facts 

In order for the Department to consider waiving 8503, applicants must demonstrate the following – 

  1. Circumstances requiring the waiver must have developed since visa grant. 
  2. The circumstances must be compelling and compassionate. 
  3. The visa holder had no control over these circumstances. 
  4. The circumstances must have resulted in a major change to the client’s circumstances, and 
  5. The circumstances in the current request must be substantially different from those considered previously. 

The prior request did not include any information that demonstrated our client’s change in circumstances since first entering Australia. The change in circumstances was verified by the report of a Medical Professor, which involve the connection of a permanent feeding tube to our client’s granddaughters’ body. 

As a result of the above procedure, our client’s daughter required a second pair of hands from an adult to connect the feeding tubes when needed. Disconnection and leakage from these permanent tubes can occur at any time. The child required continuous monitoring for 24 hours each day. 

“Compelling and compassionate” can be understood by the Department of Immigration 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.

We prepared a detailed submission which addressed compelling circumstances which formed the basis for our client’s waiver request. 

Outcome 

We confirm the Department of Immigration have waived condition 8503 from our client’s visa. The waiver of condition 8503 has enabled our client to apply for a Carer visa in Australia.