原来公认的豁免schedule 3 的compelling or compassionate reason 必须在申请时就存在，现在被推翻了。
the Full Federal Court made a decision holding that consideration of
compelling reasons for waiving the Schedule 3 criteria in respect of applications for
Subclass 820 visas was not limited to circumstances existing at the time of
Below is an extract from one of the judgements:
1. Further, if, as I accept, the purpose of the Minister’s discretion in cl 820.211(2)
(d) (ii) is to give the Minister greater flexibility if and when compelling
circumstances arise and, for example, to avoid hardship to the visa applicant,
then to my mind it would be inconsistent with that purpose to limit the
circumstances the Minister may take into account to circumstances existing at
some past point. The immediate purpose of the discretion is to relieve the visa
applicant from being required to satisfy at the time of application Schedule 3
criteria 3001, 3003 and 3004. I see no reason to limit the circumstances,
whether they favour the visa applicant or not, to the position at a time before,
and often substantially before, the Minister considers the exercise of that
discretion. Clause 820.211(2) (d)(ii) is an ameliorating provision and it should
not, in my opinion, be given a construction which prevents the Minister, at the
time of his decision, from taking into account in assessing “compelling
reasons”, the circumstances which prevail at that time.
Lan v Minister for Immigration & Anor 2018) FCCA 1170 (2 May 2018).
Rather, it was Judge Egan’s view that under Waensila, the matters that must be considered are limited to “those facts which (are) existing and established facts as at the time of the making of the decision”.