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What is the likely outcome if your client is HIV positive and the client, applies for a visa for which no “health waiver” is available?

That would be the case if the visa sought is subject to PIC 4005, for which no waiver is available, instead of PIC 4007, from which a waiver is available?

Both PIC 4005 and PIC 4007 provide that the applicant must be free from a disease or condition for which the provision of health care or community services would be likely to result in significant cost to the Australian community in the areas of health care and community services, or prejudice the access of Australian citizens or permanent residents to health care of community services, regardless of whether the health care or community services will be used by the visa applicant.  The waiver of PIC 4007 is available if it can be shown that the cost of the health care or community services that will be needed by the applicant will not be “undue”.

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Stories in the media over the weekend reported that the Turnbull Government has reached an agreement with the United States to resettle the approximately 1800 people who are currently being held at "off-shore processing centres" on Nauru and Manus Island to the United States.

The outlines of this agreement can be found, among other places, in this story in the Sydney Morning Herald.

According to the SMH article, the people who are being held on Manus Island and Nauru will be given the opportunity to go to the United States or to "repatriate". Otherwise, they will be given the option of a 20-year visa to remain on Nauru. 

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It is often assumed that PIC 4020 is the “kiss of death” for a visa application.

And that if an applicant submits a “bogus document” in support of a visa application, that PIC 4020 will be “enlivened”, and that it will effectively be “game over” for the applicant.

And that in order to have any hope of getting PIC 4020 “waived” that one must put before the Department or the Tribunal strong evidence to show that either compelling circumstances that affect the interests of Australia, or compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen justify the grant of the visa”.   And in the case of an application for a partner visa, the evidence in support of the request for a waiver of PIC 4020 must “go beyond” a demonstration that the relationship between the applicant and his sponsoring partner is genuine and continuing.

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Suppose a bogus document is submitted to the Department in support of your client’s visa application?

Does that mean that the application is “dead and arrival” and that you client should start packing up and getting ready to go home?

Also: does section 366A(2), which provides that an “assistant” is not entitled to present arguments to, or address the Tribunal,  except in exceptional circumstances, mean that there is nothing useful that you can do for your client at a hearing?

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Is there a good strategy for fighting the cancellation of a student visa?

Suppose  you have a client who has not maintained her/his enrollment in a registered course, and is therefore in breach of Condition 8202(2), which requires her/him to remain enrolled?

Will it “work” for the client to “scramble”, and get an offer of enrollment in a completely different course from the one on which the original student visa was premised?

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