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-   -   Notice of Intention to Consider Cancellation (case) (https://www.australiaforum.com/visas-immigration/255129-notice-intention-consider-cancellation-case.html)

anonim 12-01-2017 09:39 AM

Notice of Intention to Consider Cancellation (case)
 
Hi everyone

Sadly today i was issued with Notice of Intention to Consider
Cancellation of my visa.

I am on 309 Partner Visa, separated with my wife but have a child born in Australia and share custody.

Now the reason why I've received this Notice is because in 2016 i had a domestic violence convictions , but after that we still were living together with my wife but separated this year, so at that time i didn't receive nothing about cancellation even though the Permanent Partner Processing office was aware of that and send me letter that im still eliegble for PR 100 visa.

Now after this separation my wife withdrawn the sponsorship even though we applied together for the second stage PR 100.

So after the separation and the withdrawn of the sponsorship, ive made a legal submission and Stat Dec to be able to stay to get PR based on that i have child in Australia under 18y old.

However i still received this notice based on
Section 116(1) Subject to subsections (2) and (3), the Minister may cancel a visa if he or she
is satisfied that:
(g) a prescribed ground for cancelling a visa applies to the holder.
Reg 2.43(1) For the purposes of paragraph 116(1)(g) of the Act (which deals with
circumstances in which the Minister may cancel a visa), the grounds prescribed are:

(oa) in the case of the holder of a temporary visa (other than a Subclass 050 (Bridging
(General)) visa, a Subclass 051 (Bridging (Protection Visa Applicant)) visa or a
Subclass 444 (Special Category) visa) that the Minister is satisfied that the holder
has been convicted of an offence against a law of the Commonwealth, a State or
Territory (whether or not the holder held the visa at the time of the conviction and
regardless of the penalty imposed (if any));


now my question is i need to reply in 5 working days regards to this notice why i shouldnt be canceled, ill do that with a migration agent, but i want to know has anyone experienced this cancellation, what are the chances of being not cancel instead being given a Warning if possible

Thanks

CCMS 12-01-2017 11:50 AM

The DIBP does not give warnings. They simply act on the available information. They run a very hard line on domestic violence offences, so you need to present a strong case if you want to avoid cancellation. In cases like this I would involve a lawyer with expertise in both criminal and migration law, rather than a migration agent.

ausharrold 12-01-2017 12:28 PM

Mate, do you really think you deserve to stay.


Quote:

Originally Posted by anonim (Post 1747217)
Hi everyone

Sadly today i was issued with Notice of Intention to Consider
Cancellation of my visa.

I am on 309 Partner Visa, separated with my wife but have a child born in Australia and share custody.

Now the reason why I've received this Notice is because in 2016 i had a domestic violence convictions , but after that we still were living together with my wife but separated this year, so at that time i didn't receive nothing about cancellation even though the Permanent Partner Processing office was aware of that and send me letter that im still eliegble for PR 100 visa.

Now after this separation my wife withdrawn the sponsorship even though we applied together for the second stage PR 100.

So after the separation and the withdrawn of the sponsorship, ive made a legal submission and Stat Dec to be able to stay to get PR based on that i have child in Australia under 18y old.

However i still received this notice based on
Section 116(1) Subject to subsections (2) and (3), the Minister may cancel a visa if he or she
is satisfied that:
(g) a prescribed ground for cancelling a visa applies to the holder.
Reg 2.43(1) For the purposes of paragraph 116(1)(g) of the Act (which deals with
circumstances in which the Minister may cancel a visa), the grounds prescribed are:

(oa) in the case of the holder of a temporary visa (other than a Subclass 050 (Bridging
(General)) visa, a Subclass 051 (Bridging (Protection Visa Applicant)) visa or a
Subclass 444 (Special Category) visa) that the Minister is satisfied that the holder
has been convicted of an offence against a law of the Commonwealth, a State or
Territory (whether or not the holder held the visa at the time of the conviction and
regardless of the penalty imposed (if any));


now my question is i need to reply in 5 working days regards to this notice why i shouldnt be canceled, ill do that with a migration agent, but i want to know has anyone experienced this cancellation, what are the chances of being not cancel instead being given a Warning if possible

Thanks


Mania 12-01-2017 01:43 PM

Quote:

Originally Posted by ausharrold (Post 1747433)
Mate, do you really think you deserve to stay.

One could say that's not a very helpful comment.

A wise man here once pointed out we are a nice and friendly community, comments like that aren't needed.

CCMS 12-01-2017 08:48 PM

Quote:

Originally Posted by Mania (Post 1747457)
One could say that's not a very helpful comment.

A wise man here once pointed out we are a nice and friendly community, comments like that aren't needed.

I agree. It also shows the pitfalls of these forums, as people often do not fully disclose their issues. Therefore advice given, may be given on the basis of incomplete and incorrect information. In previous posts the OP didn’t mention the character issues. I don’t pass judgement. I just try and point people in the right direction. In this case, the involvement of a good lawyer is recommended , as we are dealing with both criminal and migration law. If the OP had mentioned this issue in his original post, I would have said then, that with relationship breakdowns, where an Australian Citizen child is involved, the overwhelming concern is for the welfare of the child and that domestic violence is taken very seriously. Despite there being a child from the relationship, the relationship must have been genuine in the first place and the visa applicant still has to meet health and character criteria.


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