How our client’s visa was cancelled and we told him to leave Australia in order for him to come back to stay.
Immigration Department Visa Application
Our client’s circumstances (in brief):
- He was a New Zealand citizen.
- He had been living in Australia for a number of years on a 444 visa.
- During his time in Australia, he had a son born here.
- Whilst visiting New Zealand two (2) – three (3) years ago, he was convicted of an assault and sentenced to one (1) year and nine (9) months jail.
- He served three (3) months inside and had seven (7) months served as “home detention”.
- Australia then cancelled his 444 visa.
- We were then engaged. He sought our assistance so that he could continue to be a part of his son’s life.
What we did:
- We advised him to leave Australia.
- We applied for him to re-enter on a valid visitor’s visa.
- We then applied for a work visa (subclass 457) whilst here.
- We drafted submissions which set out:
- Why his assault conviction should not prevent him passing the character test under Section 501.
- The circumstances which lead to the assault (raising the element of provocation).
- His genuine remorse (he paid for the victim’s hospital expenses and made a donation to the victim’s nominated charity).
- How he had not re-offended, and had had become a contributor to society.
- How he had changed his life since the assault matter.
- The impact that refusing his visa application would have namely, how it would cause harm to his son (his son would not have a father figure).
We were successful:
- His 457 visa was granted.
- He now lives with his family and is enjoying raising his son and providing for his family.
If you have been affected by Section 501, or know someone who has been, please do not hesitate to contact us immediately to discuss your options.