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Successful Revocation Request - Immigration Detention

CASE BACKGROUND DIFFICULTY

The applicant was a Permanent resident holder, he had numerous criminal offences and was criminally charged and convicted to 16 months imprisonment. The applicants prison sentence of 12 months or more 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 no representation. The revocation request was pending.  

CASE STRATEGY

ISL prepared extensive submissions, addressing the applicant’s entire immigration history, criminal offences, 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 most of his life in Australia, was married to an Australian citizen and had Australian citizen children (over 18 years old).

The applicant demonstrated remorse and actively sought rehabilitation for his addictions. ISL also prepared an objective report from a security standpoint which supported the applicants request to revoke the cancelled visa. 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The Application to revoke the cancelled permanent residency visa was revoked and the applicant was released from detention.  

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