The applicant arrived in Australia from a very young age. He has lived in Australia since he arrived with his parents and has not returned to his country of birth. A relative of the applicant approached our office after the applicant had received a Notice of Intention to Consider Cancellation of his visa. At this time, the applicant was incarcerated and was serving a custodial sentence for criminal offences.

The applicant accumulated a large range of criminal offences over his period of residence in Australia. We argued that the applicant’s visa should not be cancelled as the applicant had children born in Australia, and they were still dependant on the applicant for support. The Applicant had lived in Australia for most of his life and did not have any other connections or links to any other countries. We contended that if the applicant were sent back to his native country, this would cause undue hardship to his entire family unit, and we also highlighted the applicant’s changed behaviour.

This argument was successful and the applicant was informed of the decision not to cancel his visa.