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A successful judicial review of the tribunal's decision

Timeline

17 months

Overview

The applicant, of Tonga origin, has lived in Australia since 1981 and was seeking judicial review of a decision made by the Administrative Review Tribunal on 20 February 2024. The visa cancellation was prompted by the applicant's criminal history, as he was sentenced to three years and nine months imprisonment with a non-parole period of two years and four months.

After the cancellation of his visa on 28 March 2023, the applicant requested a revocation of this decision on 24 April 2023. This request was denied by the Minister's delegate on 28 November 2023, and the Tribunal affirmed this decision in its review on 20 February 2024. The applicant approached us seeking judicial review of the Tribunal's decision.  

Migration law services

We provided the following services to the applicant for swift action: 

  • Responding to visa cancellation notices
  • Seeking ministerial intervention
  • Expediting tribunal proceedings
  • Affidavit and evidence curation
  • Court appearance and appeals management

Outcome

The court has granted the applicant's judicial review, successfully overturning the Tribunal's decision to uphold the cancellation of the applicant's visa. The court has also awarded costs to the applicant, meaning that the Minister or the Tribunal will cover the applicant's legal expenses.

"This ruling depicts the importance of ensuring that all individuals, regardless of their past, have the right to a fair review of their circumstances. We are pleased that the court recognised the merits of our case and restored the applicant's visa, allowing him to continue his life in Australia where he has been a long-term resident."

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