AR LAW Services was retained in early 2017 by an Afghan man who had arrived by boat and claimed to be a refugee.
The controversy however was not merely his refugee claim but also that of his “bad character”.
That was due to the fact that the state police had charged him and the state courts had convicted him and sentenced him for a custodial period of more than 12 months.
Consequently, because of his criminal history, any visa – refugee or otherwise – was subject to s501(2). That is mandatory refusal on the grounds that he was of bad character.
Given AR LAW Services extensive work and success in Refugee applications and appeals coupled with our profound understanding of the interface of State (here criminal justice system) and Commonwealth (here Migration/refugee law) AR LAW Services was able to convince the Government that even though this man had made mistakes in the past he had payed for those mistakes.
This coupled with his connection to the local community and the international obligations that Australia is required to uphold AR LAW Services was successful in persuading the Government to exercise its discretion and not refuse the visa on the grounds of s501(2).
That is, the man and his family will not be “deported” and he can stay to build a life in Australia.
So if you or someone you know has had a visa refused or cancelled pursuant to s501 for being of bad character. Or if you are a foreign national and have been charged with or convicted of a criminal offence talk to us.
AR LAW Services are not only Masters of Migration and Visa law but we have extensive experience in criminal defense matters, this “interface” ensures that we are best pace to assist in this extremely complex and specialist area of Australian law.
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Call 03 9614 0218 or email info@arlaw.com.au 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
