# Compelling and Compassionate



## Lucretia Prang (Jun 21, 2013)

What actually is a compelling and compassionate reason? My husband who is Indonesian and I who is Australian are trying to waive his visa condition to be able to stay in Australia to apply for the spouse visa. We received harsh threats from his community and our house in Indonesia got completely soiled and trashed. My husband received treatment for anxiety here in Australia and I am not in a good state as well. I really need some advice here!!!!! Thanks


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## kmarees1986 (Apr 23, 2012)

I'm no expert, but I do know there was another member on here that was suffering from a mental condition and it didn't help her case whatsoever - her partners visa was actually rejected. 

I would consult a migration agent for advice here. If it is dangerous for your husband to return back to indonesia, there may be some humanitarian element to your visa.


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## Lucretia Prang (Jun 21, 2013)

Not only is it out of question for him but also for me.


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## GBP (Jun 1, 2013)

I think in this case, you can talk to DIAC directly. Show medical proof and maybe get the doctor to issue a letter regarding his medical condition.


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## CollegeGirl (Nov 10, 2012)

Anxiety is not going to be enough for them to let him stay, IMO. As kmarees said, we've had other members who had just a big a problem and were not allowed to stay. I mean, they won't even allow *pregnancy* and wanting to be together for the birth to be a reason to let someone stay. 

The element here that might get you some help is if he is unsafe in his country... but even then, I'm not sure it will be enough. Definitely contact a migration agent (some of them will answer a few questions VERY cheaply or even for free if you're nice about it!). If you still don't want to do that, yes, contact DIAC.


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## Lucretia Prang (Jun 21, 2013)

We have done this but they refused the first waiver reqest. Now we have the chance to reapply but with more compelling reasons. That's the confusing thing. What is compelling?????


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## kmarees1986 (Apr 23, 2012)

Lucretia Prang said:


> We have done this but they refused the first waiver reqest. Now we have the chance to reapply but with more compelling reasons. That's the confusing thing. What is compelling?????


It really comes down to the person processing your application and the evidence you provide. I guess DIAC can't put in black and white what they consider compelling, or everyone who wanted to be treated differently would make sure they had that compelling reason. I doubt they have a set list of what they consider compelling anyway.

I'm sorry, I know that doesn't help your personal situation but it really is best to think of DIAC on a more general level. While the case officers have discrectionary powers to make their own judgment calls, it really is difficult to say.

Have you consulted an agent? If not, as advised it really is better for you as they may know some secret code we don't.

You should try and do your own research on the guidelines also. Get hold of the PAM3 (Procedures advice manual) and Ministerial Direction 55 (PAM3 you will need to get through a library - if you are a memebr of or know somebody who is a member of a university is the best place and MD55 is downloadable from online www.immi.gov.au/media/fact-sheets/79-ministerial-direction-55.pdf)

This will give you insight as to what the guidelines are that are set out for the case officer to process your application. The MD55 covers rejections (why, how, what ect) There may be something in one of these documents that will help you figure out if your husbands situation is compelling.

Apart from contacting a migration consultant and doing your own research, the only other thing I can suggest is gather proof of your situation (i.e. police reports, photographic evidence, copies of the threats, stat decs from people who know your situation, medical reports on your husbands health ect) and submit with the application.


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## CollegeGirl (Nov 10, 2012)

If his request has already been refused (and you told them about being unsafe in his country with that request), you REALLY need the help of a migration agent at this point. They are very strict about what falls under compelling and compassionate. For example, as I said, pregnancy is not enough for them to let someone's partner stay. However, a pregnancy that is high-risk medically would be. Medical conditions have to be pretty serious to qualify. You'd think his safety would qualify - but if they say it doesn't, you really need help from a professional.


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## lipsmackingkiss (Jan 16, 2013)

Lucretia Prang said:


> What actually is a compelling and compassionate reason? My husband who is Indonesian and I who is Australian are trying to waive his visa condition to be able to stay in Australia to apply for the spouse visa. We received harsh threats from his community and our house in Indonesia got completely soiled and trashed. My husband received treatment for anxiety here in Australia and I am not in a good state as well. I really need some advice here!!!!! Thanks


It seems like immigration are making it really difficult. The only option for you is to seek professional advice from a migration agent. Then speak to a lawyer/solicitor who can look at your current situation and be able to provide the necessary documentation if your situation is suffice enough to say it is a serious situation. You have stated that your house has been trashed and soil. How do you know this? Why has it happened? Do you have photos? You also said that you have received threats from the community? What was said? Why was it said? How did they say it to you when your currently here in Australia? Are there friends or family that he can stay with? I'm sure there's more questions but this is what the immigration will be thinking an questioning. Unfortunately immigration would consider compelling and compassionate circumstance as a situation that you literally have no where else to go or you have gotten violently ill, basically you have hit a dead end and can't do anything about it. If your situation is at the point of being a "red flag" you would need to provide substantial evidence to support your statement, i.e contacting a lawyer who can support your situation.


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## MarkNortham (Dec 19, 2012)

Hi -

I believe you're referring to a waiver request for condition 8503 - these can be very difficult to get. The problem is that unlike other visas and conditions where "compelling and compassionate" is not specifically defined and thus open to interpretation by both the applicant and the case officer, the 8503 waiver requires three things:

* A major change in the applicant's situation
* The change must have occurred after he/she was granted their current visa
* The change must have been beyond the control of the applicant

Generally if you can demonstrate these three things, your application at least has a shot at success - if you cannot demonstrate these three factors, it's difficult if not impossible to apply on shore.

If you are going to lodge another waiver request, try to frame the circumstances in your home country so that they satisfy the above conditions - maybe the situation worsened after he received his visa? etc...

Please advise if I can assist any further -

Best,

Mark Northam


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## ProblemChild (Mar 12, 2013)

Hi Mark

What do you think about a protection visa? This poster's case sounds very much like cases in the RRT. Condition 8503 becomes irrelevant if he applies for a protection visa. Given his Australian wife is also endangered in Indonesia, DIAC may look at the case favourably.

PC


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## MarkNortham (Dec 19, 2012)

Hi PC -

That could work depending on exactly why he/they were endangered in Indonesia.

If the applicant could evidence a "well-founded fear of persecution" due to his race, religion, nationality, political opinion, or due to him being a member of a particular social group, that could form a solid basis for a protection visa application. I'm not sure from the posts whether this would apply or not, but if it did, would certainly be worth a look - a protection visa is the one exception to condition 8503.

Best,

Mark Northam


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## ProblemChild (Mar 12, 2013)

MarkNortham said:


> Hi PC -
> 
> That could work depending on exactly why he/they were endangered in Indonesia.
> 
> ...


Hi Mark

Since 'a particular social group' can be comprised of only one person, virtually any reason could be accepted. So a protection visa might be an option although getting that visa is always just like a lottery...

Thanks, Mark.

PC


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## MarkNortham (Dec 19, 2012)

Yes, however DIAC will typically look for some sort of definition for a group, vs one person and personal circumstances. Still, anything that may work is certainly worth exploring.


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