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Concerns for children's interests & family cohesion leads Minister to grant visas.

Visas granted

The applicant is a citizen of the Pacific Islands who overstayed a subclass 676 Visitor Visa in 1992. The applicant’s wife and son subsequently entered Australia on the same basis and the family expanded to include two daughters, one of which is an Australian citizen.

After the applicant’s application for a visa was refused by the Department of Immigration & Citizenship, and then by the Migration Review Tribunal, ISL were instructed to appeal the decisions to the Minister for Immigration & Citizenship.

Before the Minister, ISL argued that the family’s level of integration into Australian society by way of employment, education and participation in community activities met the criteria of unique or exceptional circumstances’. ISL further submitted that the forced repatriation of the applicant and his wife would break down the applicant’s family unit and cause undue hardship to their Australian-citizen children, in contravention of Australia’s international treaty obligations.

The Minister considered that the arguments and evidence put forth satisfied the criteria of unique or exceptional circumstances’ and has thus decided to grant visas to the applicant’s family.

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