Australia visa ban for criminal overturned by Administrative Appeals Tribunal

Australia visa ban for criminal overturned by Administrative Appeals Tribunal

The Australia visa ban for a criminal has been overturned by Administrative Appeals Tribunal. The Federal government had refused a Palestinian man the Australia visa who was once jailed for a plot to cause deliberate death. He was also associated with a terrorist outfit. The fairness of the military court system in Israel was doubted by the Deputy President of the Administrative Appeals Tribunal.

In passing the verdict for lifting the Australia visa ban for the 30-year-old man, the tribunal said that it was convinced that the Palestinian national had not involved in any inappropriate conduct. This was in spite of the fact that the visa applicant had serious convictions and had spoken falsely for his Australia partner visa application. The decision set aside the refusal of the visa to the man by DIBP, as quoted by The Australian.

The verdict of the tribunal facilitates the Palestinian national to reside in Australia with his Australian national wife and 2-year-old daughter. The tribunal ruled that the welfare of children concerned is more important than any threat to the community in Australia.

The tribunal ruled in the verdict that it has the authority to assess the situation for the convictions, in the present case made in an overseas nation. It is the latest in a row of adverse verdicts for the Australian government for visa cancellations under Peter Dutton the Immigration and Border Protection Minister.

The case of the Palestinian national was in the general division of the tribunal. The official statistics reveal that Administrative Appeals Tribunal is setting aside large cases of visa cancellations or refusals heard in its Migration and Refugee Division.

In 2014-15 the AAT set aside 29% or 6341 visa cancellations or refusals. These cases were remitted, set aside or modified by the Migration and Refugee Division of the AAT upon appeal. This increased to 32% for 2015-16 and 31% for 2016-17.

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Anshul Singhal

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