8503 Waiver Approved for Carer of Disabled Child

Another CNA Immigration Success Story 

The applicant contacted us after the refusal of her 8503 waiver request by the Department of Immigration. The rejection meant that our client was not able to appeal the decision or resubmit identical claims.

Our migration agents completed a preliminary assessment to determine whether the following requirements for a second application will be met – 

  • Circumstances requiring the waiver must have developed since visa grant. 
  • The circumstances must be ‘compelling’ and ‘compassionate’. 
  • The visa holder had no control over these circumstances. 
  • The circumstances must have resulted in a major change to the client’s circumstances, and 
  • The circumstances in the second request must be ‘substantially different’ from those submitted on the last occasion. 

The previous request did not explain our client’s new circumstances since she arrived to Australia. Sadly, these circumstances involved the connection of a permanent feeding tube to the granddaughter of the applicant. The infant grandchild 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.

Outcome 

Condition 8503 was removed from the applicant’s Subclass 600 (Visitor) visa.