The best interest of minor children has long been one of the paramount principles of law, including in Australian Migration Law. The care, love and support that a parent provides to a child cannot be substituted. To the extent, visa cancellations are being revoked in circumstances of serious criminal convictions.
What about instances where the roles of care are reversed, and the parent requires support from the child to manage in their daily lives?
New Zealand Citizen’s Visa Cancellation
Recently, Stephens & Tozer Solicitors acted in such a matter in which an elderly couple, both of whom are Australian Citizens, were facing the deportation of their primary caregiver. The couple’s son is a citizen of New Zealand, who had lived the vast majority of his life in Australia. His visa had already been cancelled in 2016. The visa cancellation was reviewed, and a decision was made to revoke the cancellation.
Four years later, in 2020, the son again had major visa issues. His visa had been cancelled a second time, and he was facing deportation.
AAT Review – Our Argument
In light of the anticipated deportation, the hurdles that were facing the elderly parents and their extended family were extreme and would have very likely resulted in the parents being unable to cope in their daily lives.
After hearing of this matter, we knew we had to help. Stephens & Tozer successfully argued that the elderly couple, who relied heavily on their son for domestic care and support, would have faced insurmountable hurdles financially, domestically, and emotionally should their son be deported back to New Zealand.
Stephens & Tozer Wins Appeal – Reinstates Visa of New Zealand Citizen
Stephens & Tozer are very proud to have acted in this matter, and we are committed to continue to act in unusual and difficult cases. We are pleased that our argument had so much merit which was a win for both our client and his elderly dependents.
Rodney Sahay is a Migration Law Specialist who leads the Migration Team at Stephens & Tozer. As an accomplished Principal Solicitor he has effectively assisted a multitude of clients, visa holders and their families in a range of complicated circumstances. Co-author, David Marr, is a Solicitor at Stephens & Tozer who worked alongside Rodney to achieve this successful outcome.
12 February 2021