1. What Condition 8624 Means
Condition 8624 is a victim protection condition that applies to visa holders with a history of offences against a specific individual or family. The condition explicitly prohibits you from contacting, or attempting to contact, the victim of the relevant offence, including their spouse, parent, child, or sibling. This is a strict liability condition—any contact, whether direct or indirect, is a breach.
'Contact' under this condition includes direct communication (phone calls, texts, emails, face-to-face meetings) and indirect contact (using another person as an intermediary, sending gifts, social media messages, or arranging for someone else to contact the victim on your behalf). The condition contains no exceptions or carve-outs. Contact through a lawyer, counsellor, or support service is still contact and still a breach.
The condition applies regardless of where you are in Australia or what you are doing. If you encounter the victim at a shopping centre, you must not speak to them or acknowledge them. If the victim initiates contact with you, you still cannot respond. The burden is entirely on you to avoid all contact in every context.
2. Which Visas Carry This Condition
Condition 8624 can be imposed on any visa type—visitor visas, skilled migration visas, partner visas, student visas, work visas, and temporary visas. The condition is applied not on the basis of the visa category, but on the visa holder's personal history. If you have been convicted of or charged with an offence involving violence, harassment, stalking, or harm against a specific person or family, the Department may impose this condition as a character requirement under s501(6) of the Migration Act.
Common scenarios include domestic violence offences, assault or battery involving a known victim, stalking, harassment, or threats directed at a specific person or family. The condition may be imposed at initial grant or during visa processing if the Department becomes aware of a relevant history. Importantly, the condition is tied to a specific victim—if you have multiple offences involving different victims, you may have multiple separate no-contact conditions.
Visa holders subject to this condition typically include those with prior criminal histories seeking to remain in or return to Australia, and those whose family circumstances or sponsorship arrangements are intertwined with victim protection concerns. The condition is discretionary—the Department applies it where satisfied that you pose a risk to the victim's safety or wellbeing.
3. Consequences of Breaching Condition 8624
Breaching condition 8624 is a serious matter that can lead to immediate visa cancellation. Under section 116 of the Migration Act, the Department may cancel your visa if you fail to comply with a condition imposed on it. A breach of a no-contact condition is treated as a character failure, and the Department may initiate cancellation proceedings without warning or opportunity to explain.
If your visa is cancelled due to breach of condition 8624, you will be taken to have failed the character test under section 501 of the Migration Act. This means you become liable for removal and will be taken into immigration detention pending deportation. You may be deported or removed from Australia, depending on your circumstances and visa type.
Even if your visa is not immediately cancelled, a breach will be recorded in your immigration file and will severely damage your prospects for future visa applications. Any future application—whether for residency, work rights, or even a visitor visa—will be assessed as a breach of a victim protection condition, a serious character concern that is very difficult to overcome. Re-entry to Australia after removal for breach of condition 8624 is highly unlikely without extraordinary circumstances.
4. Waiver and Removal Options
Condition 8624 is discretionary and can, in principle, be varied or cancelled under regulation 2.05 of the Migration Regulations. However, victim protection conditions are among the most difficult conditions to have removed or waived. The Department rarely grants waivers or cancellations of no-contact conditions because to do so would require evidence that the victim is no longer at risk—a threshold that is extremely high and rarely satisfied.
To apply for a waiver or cancellation, you must lodge a formal request with the Department demonstrating exceptional circumstances: for example, evidence from a court that charges were withdrawn, a formal victim statement confirming that contact is acceptable, or a significant passage of time with no further offences combined with evidence of genuine rehabilitation. Even these circumstances are not guarantees. The Department's primary concern is victim safety, and it will not waive the condition unless satisfied beyond doubt that the victim's safety is not compromised.
Legal advice is essential before attempting to seek a waiver or cancellation. An experienced migration lawyer can assess your specific circumstances and advise whether an application is likely to succeed. Self-representation on this issue is unwise, as an unsuccessful application may trigger an investigation into whether you have breached the condition.
5. What to Do If You Have This Condition
- Verify the condition. Check your visa grant letter or Department correspondence to confirm whether you have condition 8624. If you are unsure, contact the Department or a migration lawyer to obtain a copy of your visa conditions.
- Identify the victim. Understand exactly who the 'victim of the relevant offence' is, as defined in your condition. This should be specified in your grant documentation. If it is not clear, seek legal advice immediately to avoid inadvertent breaches.
- Avoid all contact. Do not attempt to contact the victim or any member of their immediate family (spouse, parent, child, sibling) by any means: phone, text, email, social media, mail, or through a third party. If you encounter the victim in person, do not speak to them or acknowledge them.
- Document your compliance. Keep records of your compliance efforts. If the Department investigates a possible breach, evidence of your attempts to comply (such as documentation of avoiding places where the victim frequents, or engagement with support services) may be relevant.
- Seek specialist legal advice. Before taking any action that might be interpreted as contact—such as sending a letter of apology through a lawyer, or attempting to clarify the victim's identity—consult a migration lawyer experienced in victim protection conditions.
- Monitor your conduct. If you are struggling to comply with the condition (for example, if you live in a small community and encounters are difficult), seek help from a counsellor or support service and document this engagement.
- Plan your visa future. This condition will affect your ability to extend your visa or apply for future visas. Before your visa expires, consult a migration lawyer about your options: renewing the same visa (condition likely to be re-imposed), applying for a different visa type, or considering relocation overseas.