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Success Story 2 - Request For Ministerial Intervention 

SUCCESS STORY 2

Success Story 2 - Request For Ministerial Intervention 

Our client originally entered Australia in 1993 on a work permit which expired in 1994 and has not held a substantive visa since this date. He is well known and respected in the community both in Australia and in Lebanon, however in 1995 he applied for a Protection visa which was refused. Our client sought review in the Refugee Review Tribunal which subsequently affirmed the decision made by the Department of Immigration and Citizenship not to grant him a protection visa.  In 2010, our client made an application for a Medical Treatment visa which again, was refused by the Department of Immigration and Citizenship, the Migration Review Tribunal and the Federal Magistrates Court of Australia.

Our office was not involved in any of the applications that were previously refused. As we believed their were numerous humanitarian issues associated with this case and our client has been in Australia since 1993, we decided it may be feasible to make a request directly to the Minister for Immigration and Citizenship to intervene under the Migration Act. Given our client suffered from a number of health conditions, including diabetes and high blood pressure and also takes medication to treat heart disease and minimise the risk of stroke, we made a submission that the present circumstances in Lebanon would not give confidence that returning to Lebanon at this time would be a happy prospect for our client.

We made a request directly to the Minister that  a more favourable decision is substituted on behalf of our client which we believe would be in the best interests of the Australian public. We argued that -

  • Our client has spent 18 years in Australia and has refused to return to Lebanon under any circumstances. As a result, he has not seen his wife and children since initially entering Australia. Our client’s initial protection visa application was refused on the basis his claims were “implausible and far fetched,’’ however the fact that he has made every attempt to avoid returning to Lebanon over an 18 year period adds further weight to whether or not he genuinely held a well founded fear of persecution, which could have been established in the event the initial decision maker never reached the above conclusion.
  • Our client suffers from numerous heart conditions, that can be aggravated by the anxiety associated with living in an unstable region and potentially having no home to enter.
  • Our client is a well integrated member of the Australian community, having obtained numerous references in support of his integrity and character.
  • Access to medical treatment in Lebanon, although readily available, will be costly. Our client is unlikely to obtain community support in Lebanon for treatment of his medical conditions as he has spent in excess of 18 years absent from the country. He is effectively a stranger to the community he once left behind.

The result - the Minister for Immigraion and Border Protection had decided in was in the public interest to substitute a favourable decision and to grant our client a visa.

We are proud to say that this individual has put his Australian immigration troubles behind him and is now a permanent resident of Australia.

 

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Migration Agent Registration Number 0851787

        

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