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Visa Cancellation - Important to Know
Yet another confirmation of the broad powers of the Minister to decide upon whether visa holders should remain in Australia recently became evident, in the Full Court challenge tendered under “Taulahi v Minister for Immigration and Border Protection (2018).”
What works….and what doesn’t..... in Immigration Law
Taulahi, a Tongan national, had been residing in Australia for quite a number of years, up until the time when The Minister determined to cancel his residency visa on character grounds. The basis of this assessment principally related to the visa holder’s past association with the “Lone Wolf Outlaw Motorcycle Gang”; a group which had allegedly been involved in criminal conduct.
Lack of “evidence”
The visa holder disputed the decision, submitting that he was no longer connected in any way with the gang, or with any of its members; that he had no ongoing associations with any motorcycle clubs and that he had no criminal convictions what-so-ever.
But the Minister’s decision remained firm. Taulahi’s argument was not aided by the fact that he had also incurred three Apprehended Violence Orders, taken out against him by a past partner or girlfriend way back in 2011 and 2012. These held claims of violent behaviour, assault, intimidation and property damage, purportedly triggered by jealousy but at no time resulting in criminal conviction. No relating charges were ever laid.
Taulahi’s representatives challenged that his visa had been cancelled purely as the result of untested allegations, claiming that none of the grounds supporting the cancellation had actually been proven to have occurred and that therefore the cancellation of the visa under such assumed circumstances would be contrary to the ‘presumption of innocence.’
No Viable Argument
What his representatives failed to take into account was that, in these cases, the Minister’s ruling is centred upon an ‘administrative decision’; a determination based upon his own evaluation of the character test and its impact upon the national interests. The Rules of Natural Justice simply do not apply.
From the information before him the Minister decided that, on the balance of probabilities, the visa holder had the propensity to engage in violent and intimidating conduct. Those facts alone impacted Australia’s hospitality towards him and those facts alone were enough for the Minister to send him home.
Consult Experts in the Field of Immigration
In cases such as this, the wrong argument invariably brings about the wrong outcome. Immigration is an extremely complex field and one which changes almost day by day.
It really does pay dividends therefore, to obtain professional assistance; skilled practitioners who are specialised in the field, comprehensively trained to recognise the traps and the trends. It can save so much time, prevent so much unnecessary expense and often present real hope, as a welcome option to disappointment.
For more information on this or on any relating issues, contact the migration experts – Sellanes Clark and Associates – specialising in all immigration matters.