Immigration Law - Permanent Residency and Blackmail

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1 June 2015
Hi Sir/Madam,

I have some legal issues with my husband.

He is permanent resident of Australia. We married 9 months ago. He has applied Permanent Residency for me, it was granted recently. But he is now blackmailing me for my dad's property. It is legally crime in India. I want to file a case against him in India with evidences. If the court generates an arrest warrant, is there an immigration law in Australia, to send him back to India?

Kindly respond to these queries.



Sarah J

Well-Known Member
16 July 2014
Melbourne, Victoria
Hi Swarna,

There is no law under immigration law in Australia to force your husband back to India. You can commence an action in India and have a warrant out for him. This will make him a "wanted" person in India which will make it difficult for him to return to India. Alternatively, you can commence a blackmailing action in Australia. I do not know enough about your circumstances so see whether you have initial grounds for the action, however, blackmail and extortion is also a crime in Australia. If you haven't already, you should speak with your local community legal centre or the women's legal centre for some free advice.

Which state or territory are you located in?