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Notice of Intention to Cancel Visa – Decision set Aside

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There’s nothing more satisfying than winning a life changing case for a client. Though this thank you cake was definitely the icing on top!

Notice of Intention to Cancel Visa-Decision set Aside

Our immigration consultant Ray Karwal and our practice manager Sali Romie prepared an application to the Australian Appeals Tribunal (AAT) in relation to a notice of intention to cancel the visa for our client by the Department under s101(b) for the following reasons:

  • i) A Court order on 23 July 2018 in relation to maintenance payments for our client’s son from his previous marriage that the client failed to declare as a member of the family unit at the time of applying his Skilled Independent (subclass 189) visa pursuant to 1.12(2)(b)(i) of the Migration Regulations 1994
  • ii) A failure to make the court ordered payments which indicated that the clients’ legal matters in India were ongoing and existed at the time of his visa application and entry into Australia.

The first and immediate course of action that Mr Karwal took was to make an application for a Bridging Visa E which was granted in accordance with the law governing the making of applications to the Tribunal.

This gave our client time to be in Australia while Mr Karwal and Mrs Romie prepared his submissions to the AAT. Accordingly, an application to the AAT was made with the date of hearing set for the 27 September 2022.

Submissions

In accordance with the clients’ instructions, our principal solicitor Cynthia Choucair attended the AAT and submitted the following:

  • i) An acknowledgement that information not been disclosed on the online application and personal particulars for character assessment and his child from a previous marriage. The client provided reasons for this as due to the estranged relationship with his ex-wife and because he had not been in contact with the child for the last eight years.
  • ii) The submissions also acknowledged that due to COVID-19 situation, the court was not functional to full strength hence cases were adjourned multiple times on different dates and as the client travelled to Australia, he and not able to follow up on the cases with his lawyers in India
  • iii) The purpose of our clients stay in Australia which involved mental trauma due to false allegations from his ex-wife due to which he wanted to start a new life in Australia
  • iv) The extent of visa compliance with existing visa conditions working, the submissions contained that our client worked as skilled profession in Australia with no single complaint or any disciplinary action against him since he started working in Australia.
  • v) The degree of hardship which may be caused our client and his family members if the visa is cancelled- the submissions contained how our client’s life would completely derail at personal and professional fronts as he would have limited funds to support his young family. Moreover, his child in his new marriage would suffer the consequences if moved back to India.

Outcome achieved- Decision set aside.

The Tribunal set aside the decision under review and substituted a decision not to cancel the applicant’s Subclass 189 – Skilled – Independent visa. This was a great result for both the client and indicative of the dedication and quality of legal services provided by our immigration law team.

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