Publish Date: May 28, 2013
Another one of our clients has just been successful in the High Court of Australia.
The client had come to Australia many years ago but was sentenced to a lengthy prison term because he committed a serious offence.
On release from prison we were instructed by the client to prepare an application for a protection visa. As part of that application we prepared detailed submissions about why our client should be recognised as a refugee.
The Department of Immigration agreed with us that the client was in need of protection but they refused his visa because he came within Article 33(2) of the Refugee Convention, ie he had committed a serious offence and was a danger to the community.
We challenged the decision to refuse the protection visa application in the Administrative Appeals Tribunal. After considering all of the evidence the AAT found that the Department of Immigration had made the correct decision.
Subsequent appeals to the Federal Court and the Full Bench of the Federal Court of Australia were unsuccessful.
Late last year permission was sought to lodge a final appeal in the High Court of Australia. The judges considered that as a result of their earlier decision in M47, the case relating to whether or not a visa application could be refused on the basis of an adverse security assessment, there was a real issue as to whether or not the AAT had made an error of law in the way it decided this particular case.
After a brief final hearing the High Court decided that the AAT had made an error of law and that the Federal Court and Full Federal Court should have recognised this error.
Challenging decisions of the Department of Immigration, the RRT, the MRT or the AAT is a highly specialised area of law. It is not something that a migration agent can really advise you want because they are not solicitors or barristers.
Craddock Murray Neumann has a lot of experience in this area. We only employ solicitors who are qualified to provide advice to our clients. We are able to tell you whether there is a reasonable prospect that any attempt to challenge a negative immigration decision through the courts.
Please phone us on +61 2 8268 4000 for a consultation if you would like advice about challenging negative migration decisions in the Courts.