Recently our Mr McCrudden was approached by a gentleman who held a subclass 457 visa.
Shortly before we were instructed, the gentlemen had been sacked by his sponsoring employer. The sponsoring employer had indicated to our client that he would notify immigration that our client’s employment had been terminated and move to have our client’s visa cancelled.
When our client approached us, he was quite distressed and wanted to make sure that he maintained his legal status in Australia by securing a further substantive visa.
Within two days of being instructed, we lodged an application for a subclass 457 visa on behalf of our client with a different sponsoring employer. Within two days of receipt of our visa application, the Department of Immigration and Citizenship made a decision to grant our client a subclass 457 visa.
This case in as excellent example of the timely results which can be achieved through the proper preparation of visa applications. Before the visa application was lodged we thoroughly advised our client as to the evidence that he would need to provide in support of his visa application.
Quick resolution of employer nomination cases
Prior to joining Craddock Murray Neumann, Michael McCrudden had carriage of two matters where the visa applicants were applying for permanent residence on the basis of a nomination by the employer. Neither of these matters were particularly difficult; however, these matters stand as testament to the notion that processing times for visa applications can be significantly reduced if the application is properly prepared.
In both applications, a great deal of care was taken to ensure that each piece of information that the Department would require was included with the visa application at the time of application. As a result of this thorough preparation, the first visa application was proved in approximately three months; the Department had indicated that the processing time for such an application would be nine months. In the second matter, the visa applicant was able to secure permanent residence for her and her family. Only fourteen after the visa application was lodged.
Successful defence of an attempt to cancel a permanent visa
The client applied for Australian Citizenship on the basis that he had resided in Australia as a permanent resident for a number of years. While the citizenship application was being processed the Department discovered that the client had committed a series of extremely serious offences prior to coming to Australia. These offences were not disclosed in the client’s application for a visa to come to Australia. The Department issued a notice of intention to cancel the client’s visa on the basis that our client failed the character test because of his significant criminal record and his failure to disclose these convictions on his visa application.
This case was made even more difficult by the fact that the client’s wife and child could have returned with the client to his country of nationality without any difficulty. Furthermore, the client and his wife retained almost their entire family in our client’s country of nationality; the client’s link to Australia was therefore somewhat tenuous.
Detailed submissions were put before the Department arguing that the client should be allowed to remain in Australia as he was married to an Australian citizen, he and his wife had a young Australian citizen child and a considerable amount of time had passed since the client was last involved in any criminal conduct. The submissions focused heavily on the relevant case law and argued that the Department should decline to cancel the client’s visa irrespective of his criminal history.
After careful consideration, the Department accepted the argument that was put forward that they should not cancel the client’s visa and instead chose to issue him with a warning that he must abide by Australia’s laws.