A constitutional breach of the new visa conditions can guidance to visa cancellation, a very significant (and often irreversible) situation to be in. For applicants who have well-becoming for or are applying for a visa from 18 November 2017, take note of how these make an impression you. These changes do not apply to existing visa holders, unless renewing the visa after 18 November 2017.
Here’s a standing of the new conditions:
Condition 8602 – Public Health Care Debt
“The occupier must not have an outstanding public health debt”
This visa condition will apply to most changeable visa holders, most of whom are not deserving of Medicare. What happens then when a temporary visa holder uses a public health care execution (not covered by Medicare or their private health insurance) and can’t adjoin to pay? They incur a debt to the health care providers who are determinately funded by the government. In a circumstance like this, the Department will encourage the visa holder to make the payment. An abortiveness to pay will constitute a breach of condition, and the visa holder may be subject to visa cancellation.
Condition 8303 – Violent behaviour, threatening, disruptive or endangering
“Forbids commotion that endangers or threaten any individual; or activities detrimental to, or violence threatening harm to, the Australian community or a group within the Australian agglomeration.”
Beforehand, condition 8303 was only applicable to behaviour threatening the Australian agglomeration as a whole. The condition now applies to behaviour threatening individuals as well.
This condition has wide-ranging embarrassment, especially in the ever-expanding and publicly visible world of social media. Some examples that may be contemplating a breach are:
- harassment, stalking, bullying, intimidation, including on online platforms such as Social media
- public ‘hate speech’
- Online abusing targeting groups and individuals based on gender, religion, sexuality, and ethnicity.
It is the purpose of the Department to send a clear message with this condition, distinctly requiring that the behaviour of temporary visa holders be harmonious with the Australian government and community expectations.
Condition 8564 – Criminal Conduct
“The holder must not countersink in criminal conduct.”
It is crucial to note that ‘criminal conduct’ can cover a broad range of activities, accompanied being suspected of or accused of any criminal activity. A single criminal charge, perfunctory of the type crime can lead to visa cancellation.
This condition was beforehand applicable only to certain Bridging E visas and is now applicable to temporary visas.
Condition 8304 – Single Identity and Change of Name
“You must preserve a single official identity during your stay in Australia.”
This new condition postulates visa holders to:
- Use only one recognition when dealing with Australian State, domain and Federal Governments; and
- If you change your name, notify the incidental Australian government agencies you deal with as soon as demonstrable
This visa condition is aimed at decrease identity fraud, and to prevent the use of surname to escape government detection concerning law enforcement, tax, and social protection. This is in response to amplify risks when a person* is able to deal with different government agencies under different names, thereby preventing law enforcement agencies from sharing important acquaintance to protect Australia’s national security.
*The example most repeatedly cited in support of this probable risk is the case of Man Haron Monis, who, prior to the 2015 Martin Place Siege, used various identities, aliases and titles when transaction with agencies such as Australia Post, Australian Business Registry and the Australian Electoral Commission as he was not eternally required to prove his ‘legal name’ with formal documentation.
To view which visas are respect to conditions 8303, 8564 and 8304 and whether there is discrimination whether to cancel the visa in the event of a breach, see here.
If you have anxiety about a breach of a condition or anything in your application that you consider the Department might consider false or misleading, we recommend seeking professional counsel from a registered migration agent or lawyer.
More Info: –Australia Immigration Services