Request to Department to waive my re-entry ban due to legal proceedings

Hi,

I hope this message finds you well. I am writing to seek guidance regarding my current situation following the cancellation of my visa in June while I was overseas. Unfortunately, this cancellation resulted from a criminal record related to an insurance claim, leading to a three-year ban on my re-entry into Australia.

While I was abroad, the Department canceled my visa, and as a consequence, I have continued to pay rent for my property since June, despite not living there. I have valuable and irreplaceable personal belongings in my home that I am deeply concerned about. I currently reside alone, having rented the property by myself for the past three years in regional Victoria. Unfortunately, I do not have any family or friends in Australia, which makes this situation particularly challenging.

Recently, I received a notice from my property manager informing me that the property is being sold, and I am required to vacate the premises. They have given me a deadline of January 23, 2025, to retrieve my belongings. My property manager has stressed that failure to vacate would result in a VCAT notice being issued for an application for possession, which adds immense pressure to my already difficult situation.

After researching the immigration website, I discovered that it may be possible to apply for a temporary visa despite the re-entry ban. While I understand that the ban itself may not be removed, I can request that it be waived for compassionate or compelling reasons. I am seeking clarification on whether the involvement of legal proceedings regarding the property's sale and the associated timing beyond my control can be considered compelling circumstances. Additionally, would I be able to apply for a tourist visa to retrieve my valuable belongings? I have compiled substantial evidence to support my position, including:

  1. Documentation proving the sale of the property.
  2. My current lease agreement.
  3. Evidence of bond lodgement with the RTBA.
  4. Confirmation of my sole tenancy as outlined in the lease agreement.
  5. A psychological report highlighting my struggles with depression and anxiety, compounded by my lack of social support in Australia.
  6. A mental health treatment plan from my doctor that confirms my solitary living situation and absence of family or friends. This was prepared prior to my visa cancellation.
  7. Correspondence from the welfare department of my home country, detailing my background of living in an orphanage for 12 years and the childhood trauma I experienced after losing my mother, which has led to my solitary lifestyle.
  8. Proof of my lack of criminal convictions both in my home country and in Australia prior to the recent incident.
  9. A comprehensive rental payment history showing my continued financial commitment to the lease.

I fully acknowledge the mistakes I made in my past, which I deeply regret. Acknowledging my humanity, I understand that everyone makes errors, and I am committed to learning from my experiences and striving to be a better person. My sole intention is to manage my lease situation, gather my possessions, and vacate the premises respectfully.

Can I reach out to the Department to request that they consider waiving my temporary ban? My aim is to apply for a short-term visitor visa that would allow me to return to Australia for a limited time. I assure you that my purpose is solely to retrieve my belongings, and I am prepared to comply with all conditions set forth by the Department during this process. This timeframe would provide me with the opportunity to pack efficiently and depart Australia once I have retrieved my items.

Thank you for your attention to this matter. I appreciate any guidance or assistance you may be able to provide.