Visa Cancellation: Neither Spousal Relationship Nor Unborn Child Are Mandatory Considerations
Issues relating to the cancellation of visas on character grounds are continuing to receive a great deal of attention both in the news media and in the courts.
Indeed, just last Friday there was a story in the Age about an Australian-born man who has two teen-aged children who appeared to have lost his Australian citizenship (under complicated circumstances described in the news article) and had received a notice from the Department of its intention to consider cancellation (an “NOICC”) of his Bridging Visa E. The article reports that the NOICC refers to the visa holder’s having been jailed twice for theft and burglary. The news story also states that the proceedings relating to the cancellation of this person’s visa are being “put on hold” by the Department while it undertakes an investigation to clarify the visa holder’s citizenship and immigration status.
And of course, a great deal of the news coverage concerning Prime Minister Turnbull's first visit to New Zealand focused on concerns raised by NZ Prime Minister John Key that a significant number of Kiwis who have spent most of their lives in Australia are facing deportation back to New Zealand, even in circumstances where it is claimed that the offences they have committed in Australia have been "relatively minor". The news article that is linked in this paragraph indicated that PM Turnbull has made representations that the appeals of New Zealanders against the cancellation of their visa may be "fast-tracked".
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