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Visa cancellation character matter under section 501

Visa cancellation character matter under Section 501 | March 29 2021

We recently acted for a client in a visa cancellation character matter under section 501 before the Administrative Appeals Tribunal. Our client had a substantial criminal history which included violent offences and incarceration. We appeared before the Tribunal and provided evidence that there were a number of mitigating circumstances including mental health issues, a history of domestic violence and a destructive family background. The Tribunal accepted that our client should be given a second chance and set aside the decision of the Department of Home Affairs.

The general effect of a visa cancellation under character grounds is that the client would then be removed from Australia and would never be able to return again for any reason. By overturning this decision in the Administrative Appeals Tribunal, we were able to provide our client with another chance to live in Australia permanently and be a law abiding individual with the support of the client’s Australian family.

Character matters are incredibly complex and require expertise and a substantial amount of work to ensure that an applicant has the best chance to overturn a refusal under section 501. At Turner Coulson Immigration Lawyers, we have the relevant expertise, understanding and determination to assist applicants with getting a positive outcome.

The combination of these factors resulted in the Federal Court finding that the inferior court had denied the Appellant procedural fairness and due to the seriousness of this issue, the decision was sent back to the Federal Circuit Court to be heard and determined according to law.

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