Successful Revocation Request - Immigration Detention
CASE BACKGROUND DIFFICULTY
The applicant was a Permanent resident holder, he had a serious drug related offence for which he was charged, tried and convicted to over 4 years in criminal incarceration. The applicants prison sentence of 4 years activated s501 and the Department of Home Affairs cancelled his permanent resident visa based on “substantial criminal record”. Upon his release from criminal incarceration, he was transferred to Immigration detention.
The applicant applied for a revocation of his cancelled visa with limited information and poor previous representation. The revocation request was pending while the applicant was incarcerated in immigration Detention. The applicant had an Australian citizen child (over 18 years) and a long-standing relationship with an Australian citizen, who supported his revocation request.
CASE STRATEGY
ISL prepared extensive submissions, addressing the applicant’s entire immigration history, criminal offence, and psychological status. ISL also prepared detailed submission in regard to Direction 90 (now 99) and his ties and links to Australia. The applicant had spent half his life in Australia, was in a committed long-standing relationship with an Australian citizen and had Australian citizen child (over 18 years old).
The applicant demonstrated remorse and actively sought rehabilitation for his addictions. The applicant also completed various online courses while he was detained and sought daily spiritual guidance. Other evidence included statements from friends and family and community support network.
CASE OUTCOME
The Application to revoke the cancelled permanent residency visa was revoked and the applicant was released from detention.
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