Subclass 444 Visa Cancellation Prevented on Character Grounds Through Best-Interests-of-Child Argument

Visa TypeSubclass 444

CategoryCharacter / Section 501

Case Summary

A New Zealand citizen who had lived in Australia since childhood on a Subclass 444 Special Category Visa faced visa cancellation due to a criminal record. We successfully argued that cancellation would not be in the best interests of his Australian citizen partner and child, and that the offences were committed during his developmental years.

Background

Our client had come to Australia on a Subclass 444 visa as a child and had lived here his entire life. He received a Notice of Intention to Consider Cancellation of his visa on character grounds, having accumulated a criminal record in Australia and received a prior formal warning. His partner and their first child were both Australian citizens. Cancellation of the 444 visa would permanently prohibit him from entering Australia.

Challenges

Criminal record in Australia triggered the character grounds for potential visa cancellation
Prior formal warning made the cancellation risk more serious
Cancellation would permanently bar the applicant from Australia, separating him from his partner and child

How We Helped

We prepared a detailed submission, supporting evidence and psychological reports arguing that cancellation was not in the best interests of the applicant's Australian citizen child and would cause severe financial and emotional hardship to the family. We also argued that though the applicant's criminal record meant the standard character test was not met, the offences had been committed during his developmental years and he had since had the opportunity to mature and change.

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Key Success Factors

Best-interests-of-the-child argument grounded in the Australian citizenship of the applicant's partner and child
Evidence of financial and emotional hardship to the family if cancellation occurred
Character submissions contextualising the offences as committed during developmental years
Psychological reports supporting the rehabilitation and change since the offences

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Outcome

The cancellation was not proceeded with and the applicant's Subclass 444 visa was retained.

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