Appeals & Reviews
Appeals / Tribunals
Australia provides visa to non-illegal nationals on a humanitarian and compulsory grounds
The criteria in Annex 3 allow non-illegal nationals to be able to apply for a visa in Australia on humanitarian or compulsory grounds, rather than being forced to leave Australia and apply abroad. outside. The purpose of the criteria in Annex 3 is: Encourage noncitizens with a lawful basis to stay in Australia to apply for another visa before the end of their current substantive visa.
Prevent stateless persons from remaining in Australia beyond the validity period of their content visa and prevent non-citizens from benefiting by staying in Australia illegally, from being able to obtain visa status while staying here without the permission of the law.
There are significant cases of stateless persons staying in Australia without a visa in circumstances over which they have no control and situations where there is a compelling reason for a visa to be granted to them to stay. Unfortunately, there are no ‘examples’ of a compassionate and compelling reason, but the reason must be related to an Australian citizen or permanent resident, as an individual or as a business. The partner visa, due to Section 48 of the Migration Act and its evaluation criteria, is the best option for people who are in an unusual situation in Australia and will not return (or cannot) in their home country to apply for Australian settlement. passport. However, the number of applications denied due to an applicant’s inability to meet the criteria of Appendix 3 is already high, indicating that unless you have a good and moving reason to apply for a visa to enter the country, You run the risk of having your request denied.
Make sure you apply for the right visa at the right time and in the right place. Not only will this help you evaluate your application, but it will also reduce the risk of rejection. Partner visas can be very complicated and if not in the right hands, it can turn into a disaster.
Please note that on 1 July 2014, the Department of Home Affairs (DHA) changed their policy regarding Appendix 3 – Criterion 3004. These changes affect Partner Visas (class 820). /801) is for applicants who applied/registered when your content stopped working or you were/were a transit visa holder or you were/were an illegal citizen or final substantive visa for which you have condition 8503 “No additional stay” at the time of request.
The policy states:
Criteria 3004 requires that, if the application is made within 28 days of the visa closing date, you must comply with ALL of the following:
(a) You do not have an actual visa due to factors beyond your control.
(b) There are compelling reasons for granting a partner visa.
(c) You have substantially complied with the conditions under which your final visa was granted.
(d) You intend to comply with any conditions under which a partner visa is granted.
(e) You will be granted a partner visa if you have applied for a visa on the last day you hold your significant visa.
(f) The last significant visa you hold (if any) is not subject to the “8503 – Do not stay” condition.
If you are unable to demonstrate that you meet criteria 3004, the Migration Regulations state that the criteria in Annex 3 may be dropped when there is a compelling reason not to apply them.
The Migration Regulations do not specify the circumstances that must be considered in order to assess whether there are “compelling reasons” for not applying the criteria in Annex 3. The cases will therefore be considered on a case-by-case basis. per policy case.
The law stipulates that on the one hand the policy must be applied flexibly, on the other hand, the Regulation cannot be limited by a policy that is too narrow.
Visa applicants and advertisers should be invited to submit any request to DHA for consideration when assessing the existence of convincing facilities. Visa applicants should explain in detail the circumstances that make you a substantive visa holders and provide information on any compelling reasons that you believe apply to your case. . You will need to provide relevant documentation to support your claims.
You will also need to provide documents and information related to regulations 1.09A and 1.15A, dealing with all matters relating to the relationship between you and your sponsor, such as: financial aspects, the nature of the household, the social aspect and the nature of commitment to each other.