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Criminal conviction, illegal overstayer

Brett Slater Solicitors > Migration Case Summaries  > Criminal conviction, illegal overstayer

Criminal conviction, illegal overstayer

In this case our client had come to Australia originally on a six month visitors visa.  He faced persecution in his home country if he were to return.  Unfortunately for our client he was not aware of the immigration applications available.  He stayed illegally in Australia for several years after the expiration of his visitors visa.

Sadly, our client was exploited by criminal elements and engaged in fraudulent activity.  Our client was arrested and convicted and sentenced to three years and six months imprisonment.  At the end of his criminal sentence he was transferred from prison to an immigration detention centre with the intention to deport him from the country.  This would have been a devastating blow for our client, as it would mean that he would be separated from his daughter who was born in Australia.

Our client lodged applications for a Resolution of Status visa and for a Bridging visa to allow him to remain in the country while his immigration status was being considered.  Immigration however refused the Bridging visa which meant that our client could be deported immediately.  We urgently lodged an appeal against this decision and this was heard by the Immigration Review Tribunal.  We were able to assist our client in persuading the Tribunal that he was extremely remorseful for his previous actions and that he would not abscond if he were allowed to remain free while his application was being considered.  As a result our client was released from detention and, with our assistance, able to pursue his application for a permanent visa.

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