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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42658
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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What constitutes "exceptional circumstances" to justify the

Customer Question

What constitutes "exceptional circumstances" to justify the grant of a student visa when the applicant is applying in Australia whilst on a visitor visa?
This is for a young man (he turned 18 2 weeks ago) from Uganda to attend a local high school. He is currently enrolled and is attending a local school. He had a 3 month extension to his visitor visa and has now been in australia for 4.5 months.
He needed to be here so he could satisfy the financial requirements of having $20k deposited in his bank account in his name for 3 months. That is now done and we are ready to lodge his student visa - but i have just discovered the "exceptional circumstances" criterion for lodgements in Australia.
Submitted: 8 months ago.
Category: Australia Law
Expert:  Leon replied 8 months ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.

I cannot give you an answer to that it is very subjective.

Has he overstayed his visa or is he here legally?

Why have you not lodged the visa?

Does the visa he is applying for require information about "exceptional circumstances" or is this something you have read that is looked at?

Customer: replied 8 months ago.
He is here legally. On a visitor visa.Im doing the paperwork for the visa now. We needed to satisfy the requirement to hold the funds in his name for 3 months. That was achieved about 3 days after his last visa expired. So instead of taking a risk and lodging early, I decided to extend his visitor visa. He has not overstayed his visa or breached it in any way.Yes - the visa requires us to provide those reasons: (at Q28 in the application) "If you are in Assmt Levl 2,3,4 (he is 4) and applying for a student visa in Australia, you will be required at Q49 to provide exceptional reasons why you should be granted a student visa in Australia."
Expert:  Leon replied 8 months ago.

Good Afternoon

Here is a summary of what they will accept and look at

https://www.border.gov.au/Trav/Refu/Mini/circumstances

If he fits into any of these he also has to provide evidence.

The more you give them the better.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 8 months ago.
The link is for ministerial discretion in refugee and humanitarian visa cases. This is for a student visa lodged in australia.So that doesnt assist unfortunately.
Customer: replied 8 months ago.
I need to request a new Expert pls. This requires the advise of a migration lawyer with specific expertise in student visa applications.
Expert:  Leon replied 8 months ago.

I have opted out

The link may be for refugees but this is the type of information they require and has to be provided

All the best and good luck