Decision To Overturn Visa Cancellation Appealed

Decision to Overturn Visa Cancellation Appealed

The Minister for Immigration and Citizenship, Senator Chris Evans, last month directed his department to appeal a decision by the Administrative Appeals Tribunal (AAT) to overturn the visa cancellation of a New Zealand national.

The New Zealand national, who cannot be named for legal reasons, had his visa cancelled by the Department of Immigration and Citizenship in June 2009.

Non-citizens convicted of serious offences in Australia can have their visa cancelled under section 501 of Migration Act.

A person who has had their visa cancelled by the Department under section 501 is entitled to make an application for review by the AAT. This person exercised that right and had the Department's decision set aside by the Tribunal.

At the Minister's direction, the Department subsequently lodged an appeal to the Federal Court on 29 October 2009. A directions hearing is listed on 4 December 2009 before the Federal Court.

The Rudd Government takes very seriously its role in protecting the Australian community from unacceptable risk of harm from criminal or other serious conduct by non-citizens.



Media Contact:
Simon Dowding
(02) 6277 7860 or
0411 138 541



SOURCE: Minister for Immigration and Citizenship