25Circumstances in which assurances of support cease to be in force

25 Circumstances in which assurances of support cease to be in force

For subparagraph 1061ZZGF(1)(b)(iii) of the Act, the following circumstances are specified:

(a) after arrival in Australia, a person identified in an assurance of support, other than a Community Support Programme entrant, is granted refugee status by the Australian Government; (b) the visa of a person identified in an assurance of support is cancelled; (c) a person is the only person identified in an assurance of support and the person dies; (ca) a body corporate that has given an assurance of support is deregistered (within the meaning of the Corporations Act 2001) and, in the opinion of the Secretary, the circumstances justify cancellation of the assurance of support; (d) the following special circumstances that, in the opinion of the Secretary, justify cancellation of an assurance of support:

(i) an accident, disability, illness or other circumstance that has critically affected the assurer’s ability to provide adequate support;

(ii) the incapacity of a person identified in an assurance of support to travel to Australia before the expiration of a visa.

Note: Financial hardship on the part of an assurer is not, of itself, a special circumstance.

Note: Example 1: A person has provided a 10 year assurance for their mother to come to Australia from China. Shortly after the mother’s visa was granted she was diagnosed with a terminal illness and advised by her medical practitioner that travel outside China would be impossible for the foreseeable future. The mother has requested that the assurance of support be cancelled and the $10 000 security refunded.

Note: Cancellation is likely to be granted in this case.

Note: Example 2: A person (the assurer) with an income of approximately $90 000 has provided a 2 year assurance for his mother‑in‑law. One year after the assuree’s arrival in Australia, the assurer bought a more expensive home with a higher mortgage repayment. Also, his wife has had a baby and he has ceased paid employment. He is no longer in a position to provide any financial support for the assuree, who has approached Centrelink for assistance. The assurer has requested that the assurance of support be cancelled in view of his increased financial and family commitments.

Note: Cancellation is unlikely to be granted in this case. It is the assurer’s responsibility to manage his financial affairs and meet any social security debts incurred by the assuree.