The client's visa was cancelled and we successfully overturned this decision in an appeal.
The Client’s temporary visa was cancelled due to criminal convictions related to domestic violence.
We appealed this case to the Administrative Appeals Tribunal (AAT) and after 6 months we successfully won the case. The decision to cancel the visa was set aside and the Client’s visa was reinstated.
Background
The Client received a Notice of Intention to Consider Cancellation (NOICC) due to some domestic violence conviction that occurred almost a year ago.
He was shocked because he did not expect the conviction to have any impact on his visa, especially because so many months had passed.
The Department’s decision to have the client’s visa cancelled was overturned.
Difficulties with this case
Visa cancellation is a serious matter in immigration law. Not only does your visa immediately become cancelled (meaning you will remain in Australia without a visa illegally), you will also be barred from re-entering Australia for 3 years. This is called a 3 year exclusion period. Even after the 3 years, the visa cancellation becomes an adverse record impacting any future visa applications.
We have also seen the Australian government place significant emphasis on those with domestic violence related criminal history. Permanent residency can also be refused due to domestic violence related convictions: PR refused due to domestic violence convictions
How did we WIN this case?
We managed our client’s expectations in our response to the NOICC because in our experience most of the time the case officer will still proceed to cancel the visa.
However, we had confidence that the client could win the case at AAT. We guided the client to build a strong case including providing character references from notable people, evidence of positive community involvement, evidence of great contribution to the Australian economy and assisted the client in providing his own statement in the case. These evidences create a positive image for the client and convinces the Tribunal Member that the benefits of the client remaining in Australia outweighs those relating to his criminal history.
We managed to positively cover all the factors the decision maker is obliged to consider by law and won the case.
If you have been affected by a decision of the Department to have your visa cancelled, you can get in touch with us to discuss further: Book a Consultation
This article is based on real cases handled by immigration lawyers at Brightstone Migration. It was written and reviewed by our former Partner Solicitor and Head of Immigration. The content is for reference only and does not constitute specific legal advice.
Last updated: 12/07/2022
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Gave better solution to visa needs than previous agent
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