Case Study #2: What can be done to make newborn child’s stay lawful in Australia?

 

Disclaimer: The name in this video have been changed due to privacy reasons. This case is based on real-life experience.

 

John and Mary are a couple who is currently residing in Australia.

John and Mary’s onshore visa got refused/cancelled due to XYZ reasons.

 

They have applied for an Administrative Appeal Tribunal or have the case running in Federal Circuit Court as of which they are currently on Bridging Visa.

 

While the case was ongoing, they were blessed with a child.

They got worried as they could not include their child’s name in the AAT application. Without any visa, their child’s stay in Australia would not be lawful.

 

What can be done to make the child’s stay in Australia lawful?

In that case, the child can be granted STAND ALONE BRIDGING VISA-A, and for that, they need to fill FORM 1005 and post it to the local Department of Home Affairs office. For example, In Melbourne, a paper-based form needs to be filled and posted to GPO Box 241 Melbourne, VIC 3000. (FYI: If on standalone bridging visa A, Bridging Visa B cannot be exempted).

 

Thus, these cases require special attention and innovative legal solution.


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