Matter Type
Visa Cancellation – Character Grounds
Outcome
Visa cancellation revoked by the Administrative Review Tribunal, allowing the client to remain in Australia
Special Circumstances
The client’s visa was mandatorily cancelled following a custodial sentence, placing them at risk of separation from their partner and children.
Our client’s visa was mandatorily cancelled following a custodial sentence, placing them at risk of detention, removal from Australia and separation from their family. We represented the client before the Administrative Review Tribunal, presenting detailed evidence of their rehabilitation, family responsibilities and long-term ties to Australia. The Tribunal revoked the cancellation, allowing the family to remain together.
The Challenge
Our client’s visa was mandatorily cancelled after a custodial sentence. Although they accepted responsibility for their past offending, the cancellation placed them at risk of detention, removal from Australia and separation from their partner and children.
Kindra's Approach
We built a comprehensive case demonstrating that our client’s circumstances extended well beyond their past offending. By presenting evidence of rehabilitation, acceptance of responsibility, and the context surrounding the offence, we showed genuine steps towards rehabilitation. We also highlighted the client’s vital role in caring for their children, including the significant additional needs of the children, together with their long-term residence, employment history, and strong community ties. These factors formed the basis of our submissions that there was “another reason” to revoke the cancellation despite the character concerns.
The Outcome
Although the Tribunal found the client did not pass the character test, it gave significant weight to the best interests of the children and revoked the cancellation, allowing the family to remain together.
Facing visa cancellation on character grounds? If your visa has been cancelled or you’re at risk of cancellation, contact Kindra Migration Lawyers to discuss your options.