Complex Matters

CNA Immigration has extensive experience handling complex matters with an excellent success rate.

Solving a difficult visa problem is not a straightforward task and requires a careful examination of your individual circumstances. We take the time to care, listen, ask and investigate before we provide you with our professional advice and answers to your questions.

Services Inner 03

Public Interest Criterion 4020 – PIC4020

A visa refusal under PIC4020 will result in a ban from Australia for 3 or 10 years.

Visa applications can be refused under PIC4020 if the visa  application or members of their family:

  • fail to prove their identity or provide bogus documents or information that is false and misleading in relation to their current visa application, or
  • provided bogus documents or information that is false and misleading in relation to a visa held in the twelve months before the current application was lodged.

If you receive a natural justice letter under PIC4020, it is important that you seek professional advice as soon as possible.

8503 – No Further Stay

If you hold a visa with condition 8503 (No Further Stay), then you are not entitled to the grant of a further substantive visa (other than a protection visa or temporary visa of a specified kind) while you remain in Australia.

Condition 8503 operates to prevent visa-holders from making a valid visa application until they have left Australia, unless the 8503 limitation is removed from their visa. 8503 can be removed from an applicants visa if there is a major change to their situation that occurs after they made their first entry to Australia. The major change must be compelling and outside of the visa holders control. For example –

  • unable to travel due to a medical reason
  • death or serious illness within close family
  • natural disaster in the applicants home country
  • war or civil unrest in the applicants home country

Applications for Health Waivers

To satisfy the health requirement for many Australian visas, visa applicants must be granted a health clearance by a Medical Officer of the Commonwealth (MOC).

To meet the health requirement, you must not be assessed by a Medical Officer of the Commonwealth (MOC) as having –

  • Active Tuberculosis (TB) or a condition that may result in the applicants threat to public health or a danger to the community, or
  • A condition that is likely to result in a significant cost to the Australian community in the areas of health care and community services.

If the health outcome is a “Does Not Meet”, the Australian visa cannot be granted unless a health waiver is available and exercised.

The policy threshold for the level of costs to be regarded as significant is AUD 49 000, and the MOC will assess a visa applicant as not meeting the health requirement if the potential costs over the proposed period of stay exceeds this amount.

Visa applicants who fail to satisfy the health requirement can apply for a waiver of the health requirement.

There are number discretionary considerations that can be taken into account, the individual circumstances of the visa applicant need to be considered in coming to a conclusion about whether the granting of the visa would be unlikely to result in undue cost or undue prejudice to access.

Each health waiver case must be considered on its merits, with all relevant factors taken into account, including the capacity to mitigate the potential costs or prejudice to access identified, and the strength of any compelling and/or compassionate circumstances.

Ministerial Intervention

The Minister for Immigration has the power to intervene in your case and replace a decision made by one the review tribunals. These powers are referred to the Ministers ‘public interest powers’.

All applicants must hold a visa if they wish to be considered for Ministerial Intervention for Visa Application. Any application lodged when the applicant does not hold a visa will not be considered.

If a request for Ministerial Intervention is unsuccessful, the applicant is expected to depart Australia.

The Minister will consider cases that demonstrate:

  • Strong compassionate circumstances that if not recognised would result in serious, ongoing and irreversible harm and continuing hardship to an Australian citizen or an Australian family unit, where at least one member of the family is an Australian citizen or Australian permanent resident.
  • Compassionate circumstances regarding the applicants age and/or health and/or psychological state, that if not recognised would result in serious, ongoing and irreversible harm and continuing hardship.
  • Exceptional economic, scientific, cultural or other benefit that would result from the applicant being permitted to remain in Australia.
  • Circumstances not anticipated by relevant legislation; or clearly unintended consequences of legislation; or the application of relevant legislation leads to unfair or unreasonable results in the case.
  • The applicant cannot be returned to their country/countries of citizenship or usual residence due to circumstances outside of their control.r

If your Tribunal review does not succeed, you will be expected to leave Australia within a very short time frame. In certain cases, this may not be enough time to prepare a Request for Ministerial Intervention.

We strongly urge all review applicants to seek independent advice for a possible request for Ministerial Intervention as early as possible.