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Subclass 444 Visa Cancellation Successfully Reviewed at AAT — Character Grounds, Rehabilitation by Corrective Services

Visa TypeSubclass 444
CategoryCharacter / Section 501

Case Summary

An applicant whose Subclass 444 visa was cancelled on character grounds due to a substantial criminal record succeeded on review at the AAT. Supervisors from the NSW Department of Corrective Services provided strong testimonial evidence, and a clinical psychologist confirmed that incarceration had enabled genuine sobriety and rehabilitation.

Background

The applicant's Subclass 444 visa was cancelled on character grounds stemming from a substantial criminal record and past and present criminal conduct. The AAT review presented an unusually compelling body of rehabilitation evidence: NSW Department of Corrective Services supervisors went well out of their way to appear and provide written and oral testimony praising the applicant's work, demeanour, and the progress he had made.

Challenges

  • s501 cancellation on substantial criminal record grounds — both prior and present criminal conduct cited
  • Demonstrating a level of rehabilitation and reduced risk of re-offending sufficient to persuade the Tribunal to exercise discretion

How We Helped

We gathered testimony from NSW Corrective Services supervisors who exceeded what was normally required in providing written statements and oral evidence at the hearing. A clinical psychologist provided a report confirming that imprisonment had, in this case, provided a structured environment for long-term sobriety and that the applicant had made full and effective use of the rehabilitative programs available. The psychologist confirmed the development of self-control — identified as a primary indicator of reduced likelihood of re-offending.

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Key Success Factors

  • Written and oral testimonies from Corrective Services supervisors who went beyond their expected obligations to support the applicant
  • Clinical psychologist evidence confirming that imprisonment had enabled long-term sobriety and skill development
  • Evidence that the applicant had developed self-control — a key factor in assessing risk of re-offending
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Outcome

The Tribunal found that the applicant's exceptional progress in rehabilitation meant that cancellation of the visa was unnecessary to protect the public. The decision was remitted on the basis that discretion be exercised in favour of not cancelling the visa.

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