According to the Department of Immigration and Border Protection of Australia, failure to meet the requirements of the Schedule 3 might lead to grave consequences. Though there have been many discussions on the possibility of abdicating the requirements.

In few cases, an applicant with a Subclass 461 visa who no longer holds a substantive visa and has to fulfill the criteria of Schedule 3 3002, 3004 and 3005. Generally, the 3001 requires to provide an application within 28 days of after your substantive visa is terminated. Schedule 3 criteria must be taken very seriously.

But the question arises, what should the applicant do when he/ she is unable to meet the 3004(c)?

Last year, an applicant’s substantive visa was ceased due to a “series of unfortunate events”, which was beyond his control. Luckily, the Tribunal was content and also took into account that the person applied for the application just one day after the substantive visa got terminated.

Even though the applicant has been very fortunate on such circumstances, it cannot be guaranteed that next case will have similar results. Currently, the Department of Immigration and Border Protection is working to resolve such issues in future purposes.