Notification of decision to revoke visa cancellation under s501CA(4) of the Migration Act 1958.
On 4 July 2016 your Class TY Subclass 444 Special Category (Temporary) visa was cancelled under s501(3A) of the Migration Act 1958 (the original decision). You were invited to ask for revocation of the original decision and you made representations to the decision-maker about why the original decision should be revoked.
After consideration of your response, the decision-maker has decided to revoke the original decision to cancel your visa.
S501CA(5) of the Migration Act provides that if the decision to cancel your visa is revoked the original decision is taken not to have been made.
Hence you hold a Class TY Subclass 444 Special Category (Temporary) visa, which authorise your continued stay in Australia.
Please note: this decision does not mean that your case cannot be reconsidered again on character grounds in the event of further criminal offending by you.
The above client was referred to me by his father. Usually, parents of young and lost men contact us with the cry for help. Often, their kids in their late 20’s, early 30’s that committed a crime after getting involved with the wrong type of people, affected by disruptive relationship or dragged into the crime scene by drug addiction.
You would be surprised to know how common it is for the young male to make a silly mistake during their early adulthood years that leaves them and their families devastated. Some of them were brought to Australia as babies and never sought to obtain an Australian Citizenship and now are forced to leave this country they call home.
Once the s501 visa cancellation is received, you may have one in a lifetime opportunity to request for this visa to be revoked, or you may have to appeal this cancellation to the Federal Court of Australia.
It is important to thoroughly consider each aspect of revocation application and provide as much supporting evidence as possible, in particular:
a) Protection of the Australian community from criminal or other serious conduct; b) The best interests of minor children in Australia;
c) Expectations of the Australian community.
It is important to note, that if the revocation is not successful, you will not be able to provide further evidence in Court. Hence, it is essential to consider all possible mitigating factors during this time.