In this episode, Guy Gilbert SC and Chris Oldham start their discussion on the topic of mandatory visa cancellation when a client fails the character test and is serving a term of imprisonment. They discuss the process for revoking a visa cancellation and ways legal representative can assist in that process.
The discussion turns to other methods of cancellation, in particular cancellation of a visa at the Minister's discretion, and the appeals process when revocation is not successful. Guy gives an overview of his experiences in the Federal Court jurisdiction in these matters and sets out some considerations for practitioners that may be supporting a client or assisting a migration law practitioner in these types of matters.
Guy and Chris conclude their discussion by talking about sentencing considerations for clients that have had their visas cancelled (or are likely to) and ways in which practitioners can assist their clients in this developing area of jurisprudence.
