Schedule 3 Criteria
Has your visa been expired, or you are holding a bridging visa and you would like to apply for a substantive visa? If that is the case, we may be able to help you to submit your visa application successfully to the Department.
In most visa applications, applicant must meet PIC 4005 – 4007 which is related to the health requirements. If applicants do not meet the health requirements, visa cannot be granted unless a health waiver is available for consideration.
Health waiver is available only for visa applications with PIC 4007 such as 482, 500 and all refugee visas.
The Minister has the power under the Migration ACT 1958 to replace a decision of merits review of tribunal on applicant’s case with a more favorable decision. The case must meet the Minister’s guidelines. Some types of unique or exceptional circumstances are:
Strong compassionate circumstances that if not recognised would result in serious, ongoing and irreversible harm and continuing hardship to an Australian citizen or an Australian family unit, where at least one member of the family is an Australian citizen or Australian permanent resident.
Compassionate circumstances regarding your age and/or health and/or psychological state, that if not recognised would result in serious, ongoing and irreversible harm and continuing hardship.
Exceptional economic, scientific, cultural or other benefit that would result from you being permitted to remain in Australia.
Circumstances not anticipated by relevant legislation; or clearly unintended consequences of legislation; or the application of relevant legislation leads to unfair or unreasonable results in your case.