The applicant was facing removal from Australia back to his native country of birth on the basis that he had committed an offence for which he was sentenced to more than one year’s imprisonment. The applicant came to Australia as a young child, committed his offences when he was a young adult, and had not returned to his native country for a substantial number of years.

We submitted on behalf of the applicant that the applicant had extensive ties with Australia. He had been residing in Australia since a young age, and his girlfriend, his friends and family were all in Australia, and were all available to support him. Furthermore, the applicant was at a low risk of reoffending and has several offers of employment in Australia. If the applicant were sent back to his native country, he would not have any job prospects or any form of support.

The Administrative Appeals Tribunal accepted the arguments and noted that the mitigating factors weighed against the applicant’s removal from Australia.

The AAT set aside the decision under review and the matter was remitted.