Second 8503 Condition Waiver Request Granted on Sponsor's Medical Grounds

Background

The applicant entered Australia on a single-entry tourist visa subject to an 8503 no further stay condition. While the tourist visa remained valid, he applied for a protection visa, which was refused. He then sought review at the Refugee Review Tribunal, which affirmed the refusal, and subsequently pursued judicial review — which also found in favour of the Minister. When he applied for an onshore permanent partner visa, it was deemed invalid because of the outstanding 8503 condition. A previous migration agent lodged a first waiver request on the basis of marriage to an Australian citizen — an inadequate ground on its own — and that request was refused. We were then instructed to lodge a second waiver request.

Challenges

• 8503 condition rendered the onshore partner visa application invalid, blocking a legitimate pathway to permanent residence
• First waiver request had already been refused after the previous agent relied on an insufficient basis
• Second waiver requests face a higher threshold than first requests — PAM3 guidelines must be followed strictly
• The circumstances presented had to be substantially different from those in the first request to have any prospect of success