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Migration Case Summaries

Brett Slater Solicitors > Migration Case Summaries

Character deportation prevented: AAT

Background Our client, together with his family, was selected for resettlement in Australia as a refugee. At the time our client was aged 13. Our client experienced adjustment problems in Australia. He soon left school and left his family to live on the streets. In the resulting years our client was charged with a number of offences, to which he pleaded guilty.  Immigration then ordered that our client be deported under section 200 of the Migration Act. This provision allowed any non-citizen who has been in Australia for less than 10 years and has been convicted of an offence for which...

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“Militant” refugee

Background Our client, an Indian citizen, was discriminated against because he was a prominent Sikh. Police in India viewed our client as a prominent militant, and he was repeatedly tortured and detained on numerous occasions. Even when he was on release, he was kept under surveillance and as a result had difficulty finding work. He escaped to Australia on a temporary resident visa, with his wife and children remaining in India. Immigration, while acknowledging there was a real chance our client would be persecuted if he returned to Punjab, found that he could safely relocate to other parts of India. It therefore...

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Spouse visa: remarriage to first wife

Background Our client left his home country of India (leaving his family behind) due to religious persecution. After remarrying an Australian and gaining permanent residency, he divorced. He then wanted his first wife in India and their four children to come to Australia under a spouse visa. Immigration took the view that our client was not a credible witness, and rejected the application. Our involvement We appealed against this decision to refuse the visa. Carefully preparing our client’s case, we effectively provided the “vital missing evidence” that was critical to the success of our client (arguing a strong public interest criteria). Because of...

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Waiver of cohabitation requirement

Background In this case our client applied for a spouse visa after having been in a relationship with her partner for 17 months. For most of their relationship, however, the couple had lived separately and maintained separate households. The visa application was rejected by Immigration on the grounds that for the 12 months before the application, the couple had not actually been living together. Our involvement For the appeal, we drafted detailed statutory declarations for our client detailing the circumstances of the couple’s relationship and the reasons for their decision to live apart for much of the relationship. We made carefully argued submissions...

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Proving direct and continuous involvement in a business

Background The applicant had held a sponsored 457 temporary business visa on which he had travelled extensively, including many trips to China, at the time that he applied for a Business Skills Residence visa. In his application he relied on owning and managing an Australian business. Before our involvement Immigration had determined that the applicant’s frequent travel overseas must have precluded him from managing his business in Australia as he was often absent from it. Immigration concluded that the applicant had therefore not maintained direct and continuous involvement in management of his business from day to day, and told him he...

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Visa refused without proper reasons

Background Our client entered Australia on a student visa and remained on various student visas for four years. While in Australia she met an Australian citizen with whom she started a lasting relationship. Although they were living in an exclusive relationship, they were not married and Immigration refused to allow the applicant to remain as a de facto spouse of an Australian citizen. (A de facto marriage is a relationship that is in all respects the same as a traditional marriage except for the absence of any official certification). Our involvement In order to prove that a de facto marriage exists the following...

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De Facto Spouse Financial Aspects

Background Our client entered Australia on a student visa and remained on various student visas for four years. While in Australia she met an Australian citizen with whom she started a lasting relationship. Although they were living in an exclusive relationship, they were not married and Immigration refused to allow the applicant to remain as a de facto spouse of an Australian citizen. (A de facto marriage is a relationship that is in all respects the same as a traditional marriage except for the absence of any official certification). Our involvement In order to prove that a de facto marriage exists the following...

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Health waiver: videotape evidence

Background This is a case in which our client, her mother, two older brothers and grandfather were all nominated by our client’s father to come to Australia where he had established a successful business. They had all met the visa requirements except for one, which was that our client did not meet all the ‘public interest’ health criteria. Our client had some serious medical problems as well as some cognitive difficulties. Immigration took the view that our client would cost Australia too much in medical expenses and that she would be unlikely to get employment. Our client was given the opportunity to...

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Psychological dependence

Background In this case our client has been included on his father’s visa application as a dependant child. As he was fifteen years old at the time the application was made this would not normally have been a problem. However, by the time Immigration made a decision on the visa application our client was well over eighteen years old. Immigration decided that he was no longer a dependant of his father and it refused his visa application. Our involvement We argued that due to the fact that our client was still in education and still being supported both financially and psychologically by his...

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Refugee case: Sri Lanka

Background This client applied for a protection visa based on his fear of persecution in Sri Lanka. Our client had been caught between two warring sides in a civil war in Sri Lanka. As an ethnic Tamil he and his family had suffered a great deal of persecution including being beaten and having their house burnt down. He was told to fight with the LTTE “Tamil Tigers” which he refused to do and was therefore detained on a number of occasions by the Tamil rebels. At the same time he was suspected by the Sri Lankan Government of being involved with...

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