Definition of Compelling and Compassionate Reasons

These two terms may come to your mind after dealing with visa eligibility. These reasons are considered when basic eligibility may be affected. For example, when a Partner Visa applicant applies onshore when being section 48 barred. That is, prevented from applying for any substantive visa apart from a Protection, Partner, or Skilled Visa.

The term compelling is not defined in the migration legislation. It must be given its ordinary meaning. Compelling means forceful or driving, especially to a course of action.

Compassionate circumstances (which are also not defined in the legislation and must be given their ordinary meaning) involve the concept of compassion which is a feeling of sorrow or pity for the sufferings or misfortune of others, or sympathy. Compassionate circumstances give rise to these feelings.

These circumstances may arise in the life of an applicant, and it is important to address them properly. Not every circumstance can be alleged as compassionate or compelling for a specific application. For example, for an application to waive condition 8503 (No further stay), the Migration Regulations would only consider the following as compassionate and compelling reasons to waive the condition:

The types of scenarios that may be considered as compelling and compassionate circumstances (under paragraph 2.05(4)(a)) to waive condition 850385348535 or 8540 – subject to all other requirements in subregulation 2.05(4) being satisfied – are outlined in the following examples:

  • Travel restrictions;
  • Unfit to travel;
  • Death or serious illness within close family;
  • Natural disaster in home country;
  • War or severe civil unrest in home country;
  • Closure or inability of education provider;
  • Government support.

While the list is not exhaustive, you should exercise extreme care to ensure a positive outcome.

Written by Ross Ahmadzai

9 Mar, 2024

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