Illegal Overstayer

Waiver of 3001 condition due to compelling circumstances – condition waived

The applicant was originally from an Asian nation and had come to Australia on a student visa. Whilst in Australia, she began a relationship with an Australian citizen and had wished to marry. The applicant wanted to apply for a subclass 820 partner visa. However, there were two obstacles: firstly, they overstayed the initial visa;

Unique and exceptional circumstances – physical and emotional dependence (same-sex relationship) – visa granted

The applicant had been staying illegally in Australia after his visa had expired. We argued that there were unique and exceptional circumstances that required the Minister to intervene in this matter. These circumstances were that the applicant was in a relationship with an Australian citizen who was HIV positive. Because of his illness, the Australian

Overstayed visa by 20 years – visa granted

The applicant was in a de-facto relationship with an Australian citizen and wished to apply for an 820 (de facto) partner visa. Generally, a couple is required to have lived together for at least 12 months in order to qualify for this visa, however this couple did not meet this requirement. We argued that the