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DIBP under fire over claim of Visa mix-up
Critical media reports and some 78,926 signatures call for DIBP to review the matter but DIBP says that it's up to the visa holders to ensure they have the proper documentation to enter and remain in Australia.
Vietnamese national Minh Duong who was savagely beaten by neo-Nazi skinheads in Moonee Ponds 18 months ago has been ordered to reboard a flight to Vietnam after being refused entry into Australia by Immigration officials at Tullamarine Airport.
Hapless Mr Duong, now in Vietnam and longing to return to complete his studies after his recovery, says it’s all a mistake.
ABC’s 7.30 report on the matter revealed that Mr Duong believes he still had two months to run on his visa, but the Immigration Department says it ran out last year.
The ABC received a statement from DIBP Minister Scott Morrison’s office which said that Minh Duong would be supported by the Australian embassy in Vietnam, but the minister maintained Minh Duong left Australia as an unlawful non-citizen because his student visa expired in March, 2013.
“We sent the minister's office the Immigration Department email that said it expired in March this year, but the minister was unable to explain the apparent contradiction.” Reported the ABC.
ABC reported that it subsequently received a further statement from the Minister's office about the apparent contradiction between its records and Minh Duong's, saying it takes instances of fraud seriously and is investigating.
Comments
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Monday, 20 January 2014Update on this today: Avenues for ministerial intervention in case of Mr Duong misrepresented
http://www.minister.immi.gov.au/media/sm/2014/sm210877.htm· Colin Soo likes this comment. -
Monday, 20 January 2014
Petition is now open to help this victim to remain in Australia: https://www.change.org/en-AU/petitions/he-was-viciously-bashed-and-left-for-dead-by-neo-nazis-in-melbourne-now-his-student-visa-has-been-cancelled-please-help?utm_source=action_alert&utm_medium=email&utm_campaign=45663&alert_id=nrvgTGumyB_JKvlJSsgwu
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Monday, 20 January 2014
The attackers are serving lengthy jail terms, although one is a juvenile.
It remains unclear if Mr Duong has taken any formal approach in this matter or why it wasn't considered as the first and primary approach. What's clear is that it is now a public relations nightmare with supporters fast approaching 80,000. -
Monday, 20 January 2014Yep - I have to side with the Minister on this one. The law doesn't allow him to intervene on a visa that expired. Even if it ceased due to cancellation he wouldn't have been able to intervene.
Hopefully Mr Duong will simply lodge a visa application, and that is all it will take! He'll get through assuming that his funds are adequate. But I don't think that there is any DIBP officer that would dare to not waive the 3 year ban given the Ministerial and public interest and his obviously compelling circumstances.
Immigration blog
Interesting case, and again has a few inconsistencies. I have also read http://www.smh.com.au/federal-politics/political-news/scott-morrison-refuses-to-intervene-in-visa-case-of-student-attacked-by-neonazi-gang-20140116-30whj.html
First of all, the expiry date can't suddenly change. The only reason the expiry date would be "changed" in layman's terms is if the visa was cancelled. Furthermore, a 3 year exclusion ban is consistent with someone having their student visa cancelled.
The most likely reason for the student visa cancellation is that the school reported to immigration that the student is no longer studying - which would be the case if he was in hospital for a very long time.
If his student visa was already cancelled before he boarded the plane to return to Australia, I'm surprised that the airline even allowed him to board.
The department's comment :
"Our overseas post will make contact with Mr Duong regarding this matter and to provide any assistance in support of a further student visa application"
is an indirect way of saying that the department supports a waiver of the 3 year ban on compassionate/compelling grounds.
The powers of the Immigration Minister only go so far. He can't always intervene at the drop of a hat and reinstate a visa when there is no power to do so. There are processes in place such as the MRT, and following that, a ministerial intervention. But he has signalled his support that any 3 year ban is waivered.
So I imagine that he will be back soon. Good luck to him!
There's no mention of the skinheads that attacked him. I hope they were charged and sent to prison.