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No-Further-Stay Condition Waived in 10 Days to Enable Medical Visa for Child With Rare Orthopaedic Condition

Visa TypeMedical Treatment Visa
CategoryVisitor Visa

Case Summary

A family on an Australian tourist visa with a no-further-stay condition (8503) had an Australian-born son diagnosed with a rare orthopaedic condition. We secured a waiver of the 8503 condition within 10 days, enabling the family to lodge a medical treatment visa application to access the child's required treatment.

Background

Our clients had entered Australia in mid-2010 on a Tourist Visa to which a No Further Stay condition (8503) had been attached. Their youngest son was born in Australia during this period and was subsequently diagnosed with a rare orthopaedic condition requiring medical treatment available in Australia. By May 2016 when they approached us, the family needed to apply for a medical treatment visa but could not do so because of the 8503 condition. A waiver was the only way forward.

Challenges

  • 8503 condition barred the family from lodging any further visa application without a waiver
  • Three criteria needed to be satisfied: circumstances must be compelling and compassionate, beyond the family's control, and constitute a major change to their personal circumstances
  • The child's diagnosis needed to be comprehensively documented

How We Helped

We submitted a detailed waiver request to the Department, relying on two grounds: first, that the youngest son was suffering from a rare orthopaedic condition requiring treatment that could only be accessed in Australia; and second, that departing Australia to lodge an offshore medical treatment visa application would itself cause hardship to the family. We attached medical reports, hospital records, a letter from the child's mother with photographs of the ill child, and a fact sheet on the disease.

Schedule a call to discover how our experience and expertise made it possible

Key Success Factors

  • Comprehensive supporting evidence including medical reports, hospital records and a disease fact sheet
  • Clear and compelling argument that both the child's condition and the hardship of departure satisfied the waiver criteria
  • Thorough submission enabling the Department to make a quick decision
Schedule a call to discover how our experience and expertise made it possible

Outcome

The Department was satisfied of the compelling and compassionate circumstances and waived the No Further Stay condition within 10 days of submitting the waiver request.

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