For those temporary residents currently locked out of Australia due to the travel restrictions in place, the government will consider letting you back in on a case by case basis if you can demonstrate compelling or compassionate reasons for wanting to return. Their web site states;
“Travellers who have a compassionate or compelling reason to travel to Australia will need to have an exemption from the Australian Border Force Commissioner.”
These two words are not defined in the regulations so the interpretation falls back to their common meaning. In this case, the courts always consider the definition in the various dictionaries as their base reference.
The online Cambridge Dictionary defines Compelling as;
“If a reason, argument, etc. is compelling, it makes you believe it or accept it because it is so strong:
-compelling evidence
-It’s a fairly compelling argument for going.”
Dictionary.com defines Compassionate as;
having or showing compassion:
-a compassionate person; a compassionate letter.
granted in an emergency:
-compassionate military leave granted to attend a funeral.
The terms compelling and compassionate are used all over the place in the Migration Regulations, sometimes only requiring one of the words to be met such as “compelling or compassionate” circumstances/reasons and other times, “compelling and compassionate”, meaning both have to be met.
The DoHA COVID-19 restrictions on travel have requested only one of these two need to be demonstrated which is much easier than needing to demonstrating both. You need to apply for this exemption online.
Need to discuss if you have compelling or compassionate reasons? If you need professional advice or representation give us a call to book a consultation to speak one of our highly experienced migration specialists. Call +61 2 8054 2537 or book online. Currently, we only consult over the telephone and Skype via booked appointments.
