After 801 days in immigration detention our client was released today after winning on appeal at the Administrative Appeals Tribunal (AAT).

Unbelievably, this client is a child of Australian citizens who just happened to be born in New Zealand, and despite having indigenous heritage and living in Australia for over 3 decades never obtained Australian citizenship. The Department of Home Affairs cancelled his visa under s501(3A) of the Migration Act in 2020.

We were first contacted by this client in July 2020 when he called us saying his request for revocation was never received by the Department of Home Affairs and his second attempt to make the request was deemed to be invalid because it was received outside of 28 days.

Thankfully that previous invitation did not comply with the requirements of the Migration Act identified in EPL20 v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2021] FCAFC 173, and he was given a second chance to request revocation which we did as his solicitors.

While the revocation request was quickly refused by the Department of Home Affairs, we were able to help our client successfully appeal to the AAT.

Any time spent in immigration detention is far too long, but especially when one is worried about deportation and exposed to deaths, stabbing and rioting in the centres as a result of a government immigration policy under pressure. Our client passed his 801 days in immigration detention engaging in every rehabilitation course he could possibly do, and focussing on hobbies such as art and model building. The AAT said it was to his credit that he continued with his rehabilitation when subject to these stressors.

Here are a select few photos of his artistic creations.