There is an old English saying – “more than one way to skin a cat” which means, if you look hard enough you will often find an alternative way to solve a problem. This saying is particularly relevant to a recent case I had.
AR LAW Services had been retained by a family who were seeking protection, ie they were in the “system” having applied for a refugee visa. The application was not going well. And having come to Australia originally as students almost a decade ago feared they would soon be “deported” and sent back to their home country. A country that they fear were they to be returned they would face persecution.
So it was with this complex and “messy” application history that the family found their way to AR LAW Services: Master Migration Lawyers.
On review the file and instructions of the client I found that one of the children – a daughter – had be born in Australia and was almost ten years old. (There was the added complication that she had returned to the home land of her parents and some other issues).
The law in Australia is not like the old Roman law – Lex Romani – nor the Law of the United States – under Australian law, being born in Australia does not grant you automatic Australian Citizenship. In fact legally a child born in Australia, to foreign national parents, is deemed to hold the same passport or nationality of the parents.
However AR LAW Services was able to reveal to the department that buried in the LAW – the statutes, regulations and case decisions – was the legal concept that said if you can show that a child born in Australia has a “connection” to the country and is the age of at least ten that child is in fact an Australian citizen.
So I put that case to DIBP and argued strenuously and won.
Consequently the little daughter of the refugee applicants got to stay in Australia NOT because she was a refugee but because she was in fact an Australian Citizen.
So if you or anyone you know is thinking of applying or currently has a refugee or Citizenship application pending talk to us
Call 03 9614 0218 or email firstname.lastname@example.org to make an initial 30 Minute consultation at our Melbourne office. (conditions apply)
For more go to www.arlaw.com.au
Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page