23 Mar Understanding your Visa Conditions is critical
Time and again it has been highlighted that visa holders must read the Visa Condition attached to a visa in its entirety, and ensure that they understand their obligations in order to be fully compliant with the terms of the visa.
A Queensland family realised this the hard way when they “abused” their Regional Sponsored Visa Condition and are now staring at deportation. The couple, along with their 15-year-old daughter, moved to Australia 6 years ago and have exhausted all their options to remain in Australia.
The family’s application for permanent residency in Australia was rejected in 2013 because after arriving in Australia in 2011, on a Regional Sponsored Visa, the family settled in a suburb in south-west Brisbane. Two years later they realised that they had not been living in a ‘designated regional or low population growth area’ – a qualifying area was a mere 20 minutes away from their home – as required by the Condition attached to their visa.
Since the refusal of their first application, they have applied for several other visas, including a medical visa after the mother was diagnosed with an aggressive form of breast cancer, but they were all refused.
The family’s appeal for a special ministerial intervention has been turned down.
Failure to comply with a Visa Condition does not in itself cause the visa to cease to be in effect. Rather, failure to comply with a Visa Condition amounts to a breach of a Visa Condition, which renders the visa liable for cancellation.
Contact us at MCA Legal if you are uncertain of the obligations attached to your visa.