Yet another family reunited. After three years in immigration detention and facing the prospect of indefinite detention, our client’s visa was reinstated after being cancelled under s501(3A) of the Migration Act and they are now back home in Melbourne with their family.
This case highlights the harsh reality of the cancellation powers that exists under the Migration Act. Our client was a refugee, which means the Australian Government recognised that if they were returned to their country of birth they would face significant harm, including torture or death. The Department of Home Affairs had full knowledge of his trauma background having fled a conflict zone, arriving in this country as a 10 year old, suffering a work place injury as a young apprentice, and subsequently spiralling in mental health, and into alcoholism and addiction.
Our Director & Principal Solicitor, Jennifer Samuta represented our client in these proceedings, including as their advocate at the final two day hearing at the Melbourne Registry (held by video link). She was particularly pleased our submissions on the graveness of indefinite detention for our client weighed as heavily on the decision-maker as it did for us in the office. In his reasons, Deputy President Britten-Jones concluded:
“The prospect of indefinite detention is a factor that weighs very heavily in favour of the applicant. Currently the applicant lives in hope of being released from detention, but I have grave fears for the applicant’s mental health if that hope is taken away and he remains in detention indefinitely.”
Did you know under Australian migration law indefinite detention is not unlawful? There are refugees facing a lifetime of immigration detention after the Australian Government made a decision to cancel their visas but cannot lawfully deport them to their country of origin (because they face persecution there). The necessary outcome is thus to have them remain in immigration detention, at a significant cost to Australian taxpayers. While this remains a pervasive issue for many refugees who have had their visa cancelled, we are thankful in this instance that the Member’s decision-making was guided by humanism and compassion.