A new year is upon us all.
The various participants in fora on face book are all clamouring for advice.
If you have a problem, or you want some advice but you don't want everyone to know what the problem is...send me an email.
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Any question, any time.
My advice is free.
I am always on your side!
thank you mr christopher, i have had real issues with facebook because people give wrong advice in the replies and then other people give other advice in other replies, so who is ultimately right?
then you will have people who are experts (when they claim on facebook) ask other agents the same question for their advice on facebook, is this not student teach student?
i will emailing you for this case
Dear Christopher
Greetings and trust you will have a prosperous and successful year.
I have taken over a file with respect to Section 501 matter. Character concerns.
My client is currently in detention pending the Minister's determination to waive or set aside the delegates decision with respect to a BVE application so that he can be released into the community.
My client is 72 years of age having arrived in Australia in the mid 1960's.
He left Australia after a long period of residence ( he has never taken up or applied for citizenship)
He tried return to Australia but was told that he could not. However the overseas post gave him a 3 month resident return visa with the instructions that he must do something about his visa status.
He did nothing as he believed on return that he was a resident .
Some years later he got into trouble with he law and in 2016 he was sentenced fro a period of 5 years jail for criminal activities to do with drugs as I understand.
At time of sentencing as I understand he was and illegal non-citizen.
He Served an 8 month sentence and immediately upon release he was taken into detention at Maribyrnong Detention Center.
He applied through his then representative for a Resident Return Visa. He also applied for a BVE to be released into the community.
The department their wisdom considered the BVE application first and refused this.
The BVE refusal was appealed.
The BVE refusal was appealed to the ATT and the matter was remitted. The AAT made a decision in the early at of 2018.
My client has been kept in detention sine the AAT positive decision. My client was advised that the Minister was going to appeal the decision.
However my client was never told that as a consequence of his BVE refusal his RR via application was also refused. The RR visa refusal has never been appealed.
Teh issues are as follwos:
i. The Minster has had more than twelve months to set aside the BVE remittal to the Department.
ii. The clients status if he is to be granted a BVE or alternate form of detention which would allow him to be in the community given his age, medical status ( he has an anuerism).
Questions:
How long can the minster take to set aside the AAT remtital re BVE positive decision.
What is the client's status upon release on a BVE?
Can he reapply fro a Resident Return Visa.
If he does apply what are his chances given his Character issues. He has been sentenced to more than 12 months jail.
A general question? Can the minister be forced to make a decision or be forced to exercise his powers given that he has taken an inordinate amount of time. It ha now been more that 13 months following the AAT decision on the BVE matter.
Thank you for your consideration in this matter
Many thanks Christopher,
My assistants came and email you last week, you reply very reasonable. Not only did you help us WIN case, you made my client HAPPIEST possible.
I logged on to facebook and saw advice on the forum regarding the issue of family violence, the information from this agent who was in brisbane was totally false, I had to recheck the details many times.
When i ask you the question the solution was clear and honest, my client had now successful win at AAT because of the interview with psychologist
My new passport photo!