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Section 501 Visa Cancellation Revoked – Multiple Offences, 16-Month Sentence, Immigration Detention

Visa TypePermanent Residency – Section 501 Revocation
CategoryCharacter / Section 501

Case Summary

A permanent resident convicted of multiple criminal offences and sentenced to 16 months imprisonment had his visa cancelled under section 501. With no prior legal representation, we prepared comprehensive submissions addressing his full history and ties to Australia, resulting in the revocation being approved and his release from detention.

Background

The applicant was a permanent resident with multiple criminal offences who was sentenced to 16 months imprisonment. The sentence of 12 months or more activated the section 501 substantial criminal record threshold, and the Department cancelled his permanent residency visa. He was transferred to immigration detention upon completing his criminal sentence. His revocation request had been lodged without legal representation and with limited information. The applicant had spent most of his life in Australia, was married to an Australian citizen, and had adult Australian citizen children.

Challenges

  • Multiple criminal offences culminating in a 16-month sentence, activating section 501 cancellation
  • Prior revocation request lodged without representation and with inadequate information
  • Applicant was in immigration detention with the pending request requiring urgent upgrading

How We Helped

We prepared comprehensive submissions addressing the applicant's full immigration history, the circumstances of each offence, and his psychological profile. We prepared a detailed Direction 90/99 submission addressing his ties and links to Australia. We documented his remorse and active rehabilitation, and obtained an objective security risk assessment report supporting his revocation request. The submission was reinforced by statements from friends, family and community.

Schedule a call to discover how our experience and expertise made it possible

Key Success Factors

  • Comprehensive Direction 90/99 submission addressing all relevant considerations
  • Objective security risk assessment report supporting the revocation request
  • Evidence of genuine remorse and active rehabilitation
  • Strong Australian ties — most of his life in Australia, married to Australian citizen, adult Australian citizen children
Schedule a call to discover how our experience and expertise made it possible

Outcome

The application to revoke the section 501 visa cancellation was approved. The applicant was released from immigration detention.

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