No Further Stay: Waiver of Visa Condition

“No further stay” waiver (Condition 8503)

A new subsection 41(2A) is to be introduced to provide that the Minister may, in writing, waive a “no further stay” condition applying to certain visas in prescribed circumstances.  (Note, the “no further stay” condition, provided for in paragraph 41(2)(a) and prescribed in Item 8503 in the Migration Regulations 1994, is one which may be attached to certain specified visas, and stipulates that the holder of a visa will not, after entering Australia, be entitled to be granted a further substantive visa other than a protection visa.)  Regulations prescribing the circumstances in which an immigration case officer may waive the condition with effect from 1 March 1999.

Paragraph (1)(e) of Section 46 (Valid visa application) will also be amended, to allow a valid substantive visa application to be made by applicants whose pre-existing “no further stay” condition has been waived by the Minister.

No further stay waiver - Conditions applicable to visas

A “no further stay” condition (condition 8503) may be imposed on certain temporary visas and prevents the visa holder from being entitled to the grant of a substantive visa (other than a protection visa) while the holder remains in Australia. The power to waive this condition is to be provided in a new section 41(2A) of the Migration Act from 1 March 1999.

A new subregulation 2.05(4) will set out the circumstances in which an immigration case officer may waive a “no further stay” condition that has been imposed on a visa. A case officer may waive a “no further stay” condition if:

• compelling and compassionate circumstances have developed since the visa holder was granted the visa that was subject to the condition (para 2.05(4)(a)); and
• if the Immigration Department has previously refused to waive the condition, an immigration case officer is satisfied that the circumstances are substantially different from those considered previously (para 2.05(4)(b)); and
• if the visa holder asks the case officer to waive the condition, the request is in writing (para 2.05(4)(c))

A minor technical amendment will also made to subregulation 2.05(3).