Successful Revocation of visa cancellation Despite Lengthy Drug Convictions
Under the Migration Act, a sentence of imprisonment of over 12 months (cumulative) would mean that a visa holder’s visa MUST be cancelled by the Minister. That means, even if you have 3 separate convictions of 3.5 months at a time, your visa may still be cancelled.
Once cancelled, there is only a small opportunity for the Minister to revoke this visa cancellation decision, and there are specific factors that the Minister can consider.
In the case of CLRJ and Minister for Home Affairs, a very hopeful decision appeared for those whose visas have been cancelled.
Why Was the Applicant’s Visa Cancelled?
In this case:
The applicant arrived in Australia (from Malaysia) when he was 18 in 1969 and never left Australia. He is currently 69, permanent resident of Australia.
He no longer has family (and only has very few connections) in Malaysia.
He has a long history of drug crimes including 16 years of imprisonment.
His visa was cancelled before but that visa cancellation did not follow through. Thus, his visa was cancelled for a second time.
Generally, officers place cases like these in line for consideration based on their dates for release. Many of the factors they consider are based at the time they decide whether to revoke the decision or not. Therefore, at times, it is smart for the case to be heard earlier. In this case, the applicant smartly requested for his visa to be cancelled early so that he could reach the review processes (at Tribunal or at courts) earlier as he understood that his chances of succeeding would be greater at a Tribunal or judicial setting.
Despite his lengthy convictions and finding that his crimes were serious bringing significant risk of harm to the Australian community, his visa cancellation decision was revoked at Tribunal.
Why Was the Revocation of Visa Cancellation Successful?
His main winning point was based on:
The Applicant's age is a clear impediment for him to establish himself in Malaysia - a 70 year old man with a long criminal record would be difficult to find employment and accommodation and has no other relatives in Malaysia. Cannot speak Malay anymore and not good with Mandarin, he had no assets in Malaysia. Malaysia is classified as an upper middle-income economy so by the standards of what is generally available to other citizens, the applicant would find himself enjoying living standards far below what is usual in Malaysia. This shows that there are very significant impediments to the applicant establishing himself in Malaysia and maintaining basic living standards weighing heavily for revocation.
How Can We Help You
If your visa has been cancelled or if you have a family member holding a permanent or temporary visa, please contact us immediately so we may advise you on immediate action.