Author: Jennifer Samuta (MARN 1386572)
We at SML are the last to gloat about our wins. Rather, our purpose is to spread the word (and share the facts) that overcoming a visa cancellation (i.e. a revocation of the mandatory visa cancellation by the Minister) under section 501(3A) of the Migration Act is possible!
In the past month of July 2017, we celebrated THREE WINS! The following is a description of each of their circumstances, and the length of time it took for NCCC to make a decision on their revocation request. Our intentions in disclosing these details is to share the nature of those cases that are having positive (revocation) outcomes and that a cancelled visa isn't the end of the story!
501 WIN #1
Country of Passport: New Zealand
Age: 48
Duration of time in Australia: 28 years (arrived 20 years old)
Offence: Driving under influence, manufacture drugs, trafficking drugs, supplying drugs
Sentence of imprisonment: 2 years 6 months
Australian partner: Not applicable
Minor children: Not applicable
Time taken for decision to be made: 6 weeks
Location when decision was made: Australia (Prison)
501 WIN #2
Country of Passport: New Zealand
Age: 32
Sex: Male
Duration of time in Australia: 29 years (arrived aged 2 years old)
Offence: Drugs, trafficking
Sentence of imprisonment: 3 years 6 months (suspended after 6 months)
Australian partner: Yes, citizen
Minor children: Yes, 1 child aged 2 years old
Time taken for decision to be made: 14 weeks
Location when decision was made: Australia (Prison)
501 WIN #3
Country of Passport: New Zealand
Age: 30 years old
Sex: Male
Duration of time in Australia: 11 years (arrived aged 19 years old)
Sentence of Imprisonment: 6 years, 2 months (concurrent)
Offence: Drugs, Possession; Supplying Drugs; Drugs, Other; Possess/Use Weapon Unspecified
Australian partner: Yes, citizen
Minor Children: Yes, two daughters aged 8 and 7 years old
Time taken for decision to be made: 4 months
Location when decision was made: Offshore (New Zealand)
Disclaimer (because that's what lawyers do!):
*Every case is different, and the process of a revocation request is a fine balance of different but specific considerations. As such, we cannot and do not guarantee that matters with similar facts as those above will result in the same positive outcome.
Our advice is to contact one of our migration lawyers to discuss your case and what your prospects might be.