hi there can anyone help me with this question thanks Read the case Ramos v Mini
ID: 242064 • Letter: H
Question
hi there can anyone help me with this question thanks
Read the case Ramos v Minister for Immigration [2017] FCCA 2412 (3 October 2017) which is attached to this assignment.
A client approaches you and requests an explanation in the form of a letter of advice (in plain English) as to the reasons of Driver J for his decision and the implications of this case in relation to valid visa applications especially pertaining to an 8503 waiver. The client has a similar factual situation.
(20 marks) (Maximum Word Limit: 1000 words)
Explanation / Answer
The case:
Ms Ramos applied to the Minister for a waiver of condition 8503 On 7 June 2016. Following were the circumstances of her request:
- Ms Ramos wished to apply for a partner visa as she was living with her partner (Mr Paul De Nardi)
-.The conditions of Mr De Nardi were depression and general poor health
- Ms Ramos feared, Mr De Nardi had to attend hospital and she feared he would have a heart attack
-Ms Ramos concerned about her life if she were to return to the Philippines because of her abusive ex-husband.
The 8503 waiver:
It is not possible to request a waiver 'No Further Stay' condition at the time you apply for the visa. The visa holder of 8503 visas can apply for a waiver if the circumstances change. The change in circumstances is given in Regulation 2.05(4) of Australia's migration legislation.
This regulation can be summarized as follows:
The minister might waive [condition 8503] in circumstances like,
-The condition, compelling and compassionate circumstances have developed over which the person had no control or that resulted in a major change in the person's circumstances
- if the waiver was previously rejected, for the second application the conditions should be substantially different from those considered previously and the request in writing.
The Department will not consider waiving the condition for any other reasons.
In order to be considered by the officer, the request must be satisfied that all the above requirements are satisfied.
Each request is decided by assessing the particular circumstances against the above legal requirements and the waiver is not automatic.
Circumstances not considered beyond the applicant's control for the purposes of the waiver provisions:
• Marriage to or partner relationship with an Australian citizen or permanent resident
• Pregnancy: without the evidence of women unable to leave Australi
• Failure to complete a course due to failing a subject.
Delegate’s decision
The Judge’s decision was to refuse M. Ramos’ request to waive condition 8503 on the basis that her circumstances did not meet the criteria set out in regulation 2.05(4).
As marriage or relationship is not outside a person control, Ms Ramos’ relationship with Mr De Nardi did not satisfy the requirements for the waiver of condition 8503. Ms Ramos’ distorted relationship with her ex-husband existed prior to the grant of the visitor visa so that the delegate was not satisfied that Ms Ramos’ fears of returning to the Philippines had developed after the grant of the visa. Since the circumstances existed before the granting of a visa, it did not satisfy the requirements of waiver.
The third consideration to acknowledged Ms Ramos’ claim of Mr De Nardi’s health condition, that he suffered from depression and poor physical health and she had brought happiness to his life. The data submitted to support the argument did not indicate that Mr De Nardi’s mental state was such that it required a high level of care. It may cause only a temporary impact on him, was not satisfied that the circumstances were sufficiently forceful to waive condition 8503.
Advice:
The person who availed the 8503 visa is not permitted to apply for the stay back option at the time of visa application. The waiver application should be made when he/she is in Australia with a valid visa. The waiver will be granted only on the basis on the inevitable circumstances. It may not include the conditions like Marriage or relationship with a citizen, Pregnancy: without the evidence of women unable to leave Australia or Failure to complete a course due to failing a subject.
Related Questions
Navigate
Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.