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Compassionate circumstances: illness of uncle

Brett Slater Solicitors > Migration Case Summaries  > Compassionate circumstances: illness of uncle

Compassionate circumstances: illness of uncle


Our client had originally come to Australia on a visitor’s visa with an entry permit for only one month.  He came to visit his uncle who had been permanently injured in an industrial accident and who suffered from a number of medical complaints as a result.  As the uncle’s health was deteriorating he needed assistance and support to live.   Our client remained in the country living with his uncle, caring for him, but did not make an attempt to regularise his stay until three years later when he applied for a temporary entry permit.  This application was refused by Immigration and they would have removed the client from the country had the decision not been appealed.

Our involvement

In preparing our client’s appeal we conducted interviews with the relevant parties and prepared them to give evidence in court.  We also submitted an affidavit from one of our client’s relatives in his home country and several items of medical evidence.  We made detailed submissions to the appeals tribunal on the medical condition of our client’s uncle and about the assistance that he received from our client.   Despite the fact that our client had clearly violated immigration law we were able to persuade the Tribunal that if our client was forced to leave Australia it would cause “extreme hardship or irreparable prejudice” to his uncle.   As a result our client was granted a permanent visa to remain in Australia with his uncle.


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