QLD Can I be detained and deported

Discussion in 'Immigration Law Forum' started by Gary, 17 August 2017.

  1. Gary

    Gary Well-Known Member

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    I am 59 years old and have a 24 year old son born here , a partner (sons mother) been here since 1985 permanent resident but havent gotten round to obtaining citizenship.
    in late 2015 my accomodation house was raided by four police officers, their warrant was specific in that it had my name and the name of the substance they were searching for. what they found were scales plastic bags 3 oz of pot half a gram of coke, 5 viagra pills, mdma, and some pipes, Toxicology came back at about 2point of pure for everything, slight trace of meth on scales and a bag.........and a text
    The text was sent by someone I lent my phone too, stupid I know but I didn’t have a clue just how dangerous a show of generosity can be. This text was later found on a persons phone during a raid and as a consequence the police unit investigating proceeded to investigate the origins of the text and then obtained a search warrant. The person who borrowed the phone placed the phone I had lent her outside my door two days after we fell out and approx. 10 days before the raid.

    The part of the text that has placed me on charges of supply of dangerous drugs namely meth and cannabis is "I have green and pts" also in the texting back and forwards there is a request for a description which is given and it could be argued that the description is me....would you give a description?....course not. this makes me think she set me up, but that means the other person got caught just to help with her revenge and then it occurred to me that the other person could in fact be an informer/working with the police..I have asked the girl to come fowards and own up to the texts but I have yet to hear back from her and I will not give her up.
    The phone they took had no evidence of any drug related correspondence and there were no copies on my phone of any of the texts found on a phone that led to my being raided. The investigating unit obtained a subpenoa to prove that the phone was mine and concluded that I had cleaned the phone.
    The text has placed me in the Supreme court, I have no priors and my lawyer and barrister have advised me to enter a guilty plea. The rationale here is that in front of a jury the items found at my place along with the texts will more than likely lead to a conviction. This in turn may upset the court and I may do time. So by admitting guilt I avoid jail. Barrister and Lawyer both believe I will get 6-9 months suspened and a fine. the charges are supply of dangerous drug namely cannabis and meth

    because I am only a perm resident can I be deported. the amount found were small and I believe the minute traces were part of the make up of the coke, mdma and minute traces on scales
    And, according to them (my legal team), a 50/50 chance of being deported on the grounds that I am an undesirable.
    I have looked at the legislation regarding deportation and the charge I am pleading guilty to, supply, does not fit the profile in the legislation.

    What are the chances of my being deported,?

     
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