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Second Waiver Request for the 8503 Condition.

The applicant entered Australia on a single entry tourist visa with an 8503 no further stay condition imposed. While the tourist visa was still valid the applicant applied for a protection visa, which was refused. The applicant sought a review from the Refugee Review Tribunal, where the Tribunal affirmed the original decision-maker’s decision to refuse the application. The applicant then sought judicial review of the decision, with the court finding in favour of the Minister. When the applicant applied for an onshore permanent partner visa it was deemed invalid due to the 8503 condition.

The applicant instructed another migration agent to lodge the first 8503 waiver request. The request was made on the basis of his marriage to an Australian citizen. This is not a valid ground to waive an 8503 condition and so the first request was refused.

The applicant then instructed Immigration Solutions Lawyers to lodge the second waiver request for the 8503 condition. Our firm argued that the 8503 condition should be waived on the grounds of the Sponsor’s medical and psychological condition (depression) and that these circumstances were substantially different from those claimed in the first waiver request. We prepared a detailed submission and enclosed medical and psychological evidence.

Only limited waiver requests are successful and strict following of PAM3 guidelines is essential to bring the case within the prescribed criteria. The degree of difficulty with a repeat request is higher than with a first time request to waive condition 8503.

ISL was able to waive the 8503 condition on a repeat request.

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