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Visa cancellation under s501 - Substantial criminal record & successful outcome

This case involves an applicant of a Pacific Island Nation background. He arrived in Australia on a student visa in 1986 and was later granted  permanent residency. The applicant was later involved in a substantial  number of criminal offences, which were often fuelled by alcohol, and he served several gaol sentences. DIAC notified the applicant of a possible visa cancellation under s501(2) of the Migration Act in respect of his Transitional Permanent Visa, on the basis of his substantial criminal record.

Our office argued that the applicant’s visa should not be cancelled in light of significant mitigating factors  the applicant had several Australian citizen children, and the applicant was responsible for maintaining financial and emotional support to them. He had an important role as a father with responsibilities, and to cancel his visa, would cause hardship to all his children, and would effectively break up a family. The applicant’s changed behaviour, including obtaining treatment for his alcohol  addiction, and his attempts to reform were also submitted. The arguments were supported by a detailed report of a clinical psychologist.

Based on the above considerations, the decision was made not to cancel the applicant’s visa.

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