How Compassionate and Compelling Circumstances Affect Australian Visa Decisions
Australian migration law is often seen as a collection of strict rules and criteria. However, the law also recognises that life is unpredictable. There are situations where a person’s circumstances are so significant that the government may choose to make an exception to the standard rules. In legal terms, these are known as compelling and compassionate circumstances.
What are Compelling and Compassionate Circumstances?
There is no single list of what counts as compelling and compassionate circumstances, as every case is assessed on its own merits. However, the Department of Home Affairs (DoHA) generally defines them as factors that are beyond your control and have a significant impact on you or an Australian citizen/resident. Some common examples, depending on the case, may include:
A serious illness or injury to you or a close family member.
The best interests of a child who is an Australian citizen or resident.
Experiencing domestic violence or natural disasters.
Situations where your departure would cause significant hardship to an Australian business or community.
However, keep in mind that pregnancy is not considered a compelling and compassionate circumstance.
Related: Don't Lie to Your Immigration Lawyer! Why Honesty is Your Best Defence
Where are these circumstances used?
Compassionate grounds are usually used to request a waiver or an exemption from a rule that would otherwise result in a visa refusal.
Schedule 3 Waivers
If you are in Australia without a substantive visa (or on a bridging visa) and want to apply for a visa such as a Partner visa, you must meet Schedule 3 criteria. If you cannot meet them, you must prove there are compelling reasons to allow you to apply from within Australia.
Condition Waivers (No Further Stay – Condition 8503)
Some visas come with a No Further Stay (Condition 8503) that prevents you from applying for any other visa while in Australia. To remove the condition, you must apply for a waiver by showing that your circumstances have changed significantly since your visa was granted and that those changes are compassionate and compelling.
Health and Character Waivers (PIC 4001 & PIC 4007)
If you fail the health or character test (PIC4001), you may be eligible for a waiver, depending on the visa subclass. The Department will weigh your medical costs or past conduct against the compassionate reasons for you to stay.
Related: Decoding “Complex Visa Case”: What it Means and Why it Matters
What Evidence Must You Show? The Most Important Part
Simply telling DoHA that your situation is sad or difficult is not sufficient. To succeed on compassionate grounds, you must provide objective, third-party evidence. Depending on your case, this might include:
Medical letters from doctors explaining the severity of a condition.
Evidence of the mental health impact of a potential separation.
Letters from an expert, such as a social worker, regarding the best interests of a child.
Proof of the support you provide to an Australian family.
How Does an Accredited Specialist in Immigration Law Help?
It is important to understand that even if you have compassionate circumstances, a visa grant is not guaranteed. Most waivers are discretionary, meaning the case officer has the power to say yes, but the law does not force them to. This is why engaging with an Accredited Specialist in Immigration Law to prepare a legal submission and an evidentiary building is important. Your lawyer must argue why the government should exercise its discretion in your favour by highlighting the human impact of the decision.
If you find yourself in a situation where you cannot meet the standard criteria due to factors beyond your control, these grounds may be your best pathway to success.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
Served Your Criminal Sentence, Will My Future Visa Be Affected?
Don't Meet Health Requirements (PIC 4005 & 4007)? You May Waive it!
Last Chance to Act: How to Protect Your Visa Before Refusal or Cancellation
How Can Agape Henry Crux Help
Seeking a waiver based on compassionate circumstances is one of the most technical areas of migration law. Get professional personalised advice from Jason Ling or Angela De Silva by scheduling an appointment at Agape Henry Crux for your complex immigration matter. You can book a consultation with us by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English and Mandarin. If this isn’t your language, we can also help you arrange an interpreter.
Our founder and principal lawyer, Jason Ling, is recognised in the 2026 edition of The Best Lawyers in Australia™ and the 2027 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards and the 2027 edition of The Best Law Firms™ - Australia.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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