Section 501 Visa Cancellation Revoked – Serious Drug Offence, 4-Year Sentence, Immigration Detention
Case Summary
A permanent resident whose visa was cancelled under section 501 following a conviction for a serious drug offence resulting in over 4 years imprisonment, and who had been transferred to immigration detention on release, successfully had his visa cancellation revoked.
Background
The applicant was a permanent resident convicted of a serious drug-related offence and sentenced to over 4 years imprisonment. The sentence triggered section 501, and the Department cancelled his permanent residency visa on the basis of a substantial criminal record. Upon completing his criminal sentence, he was transferred directly to immigration detention. A prior revocation request had been lodged with limited information and inadequate representation; it remained pending while the applicant was detained. He had an adult Australian citizen child and a longstanding relationship with an Australian citizen partner.
Challenges
- Serious drug offence with a sentence exceeding 4 years, clearly triggering the section 501 substantial criminal record provisions
- Prior revocation request lodged with inadequate representation and limited information
- Applicant was in immigration detention with proceedings pending
Outcome
The application to revoke the section 501 visa cancellation was approved. The applicant was released from immigration detention.
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