VIC Queries on Deporting Immigrants Under Immigration Law?

Discussion in 'Immigration Law Forum' started by sonay, 5 November 2016.

  1. sonay

    sonay Well-Known Member

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    The Australian citizen who married someone from overseas brought them to Australia, supported them, loved them and then the import asks for a divorce after getting the permanent residency visa. So why can't the Australian citizen have the right to get them deported?

    The only reason the import is here is because of the citizen. I don't think the minister of immigration should have the right to make that decision because the minister has no idea what the citizen has been through being with the lying import. The minister deports poor refugees which have a legit reason for being in Australia and refugees don't use people to be in Australia . Why is the immigration law like this?
     
  2. Lance

    Lance Well-Known Member

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    I'm sorry you have been through this, but it's due process. Your ex came here and it sounds like it was under false pretence but they fulfiled the requirements of our legal process. I guess that's why they have such a strict process around immigration and specifically around bringing a partner in from overseas.
     
  3. sonay

    sonay Well-Known Member

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    We had to prove that our marriage is genuine after 2 years, but really you can't tell that a marriage is ever genuine especially just after 2 years. I believe there should be a fine print stating at anytime if the import chooses to divorce, then the citizen can choose whether to deport the import. But if the citizen chooses to divorce then the import has a right to stay.

    What can I do to amend the immigration law? So many other Australian citizens, male and female, have loved, trusted then been devastated by these imports and I can't believe the government doesn't stand by the Australian citizens but can deport these poor refugees when ever they please.
     
  4. Lance

    Lance Well-Known Member

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    All I can suggest is you write to the office of the Minister of immigration and boarder protection to ask if anything can be done to appeal or change current legislation. The Minister has certain powers under the Migration Act 1958 usually to grant visas. I'm not sure if he has it in his power to revoke visa's, but you could try.
     
  5. sonay

    sonay Well-Known Member

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    Hi Lance

    Sorry for replying late. My ex had actually left the country and I was hoping he wasn't coming back so I didn't bother pursuing the visa cancellation which was a big mistake...

    Don't I need an immigration lawyer to write the letter to the Minister of Immigration or can I just do that myself?
     
  6. Lance

    Lance Well-Known Member

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    Hi Sonay,

    I honestly don't think there is anything that can be done. You could write to the Minister but I think the response would be that its too late. Unfortunately this happens to people all the time and that's why there is such a complicated process. Writing to the Minister might help you off load the emotions associated with the situation but its not likely to change.

    For every person that takes advantage of the situation like your ex is a number of people that are legitimate about their intentions. I fear engaging a lawyer would be a waste of your money, but please don't let anyone on this forum stop you from seeking legal help if you feel it might be worth pursuing. Good luck.
     
  7. sonay

    sonay Well-Known Member

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    Hi Lance...

    Getting my ex's visa cancelled would be based on Character Grounds 501 I think...

    He was working as a Vinyl layer and the company he worked for did repairs for all the Community housing in Victoria. So after he finishes a repair he was not allowed to contact a tenant of community housing again. I found out that he lied to one of those female tenant saying he was single and other things making her feel sorry for him just so he could get sex.

    After he got his way he told her another lie saying he was getting married later in the year. When she heard that, she didn't talk to him ever again... He also kept messaging a 7-month pregnant girl and took her a bottle of wine! She had to block his number to stop him trying to contact her.

    When I found this out I was shocked and disgusted! I emailed the Community housing office in Victoria explaining everything he had done and gave them all the evidence I had. Within 3 days Community housing office went to the flooring company and said to the boss he needs to be fired or the company will lose the contract they have with community housing.

    He was preying upon vulnerable women and he is a threat to the community. After hearing this surely there is more of a chance to get his visa cancelled don't you think?
     
  8. Lance

    Lance Well-Known Member

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    Hi Sonay,

    My previous comments were based on the chances of you getting legislation changed. But you may have grounds to address his suitability to remain in country if you honestly believe he is a public threat. I would just suggest that when you write your letter try to do it with as little emotion as you can. Keep to the facts that you can prove and make it clear and concise.

    Personally I would let it go and move on, because the longer you spend doing this the longer he is ruining your life. I wouldn't give him the benefit. Good luck.
     
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