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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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What rights does an Australian woman and her son have to

Customer Question

What rights does an Australian woman and her son have to prevent the deportation of her husband who is the father of their son?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Why is the husband being deported? Are you a citizen? What visa is he on?

Customer: replied 1 year ago.
Good Morning Leon,Thank you for your response. My name is ***** ***** the husband who is currently at Villawood under Section 501 after being transferred from correctional custody to Villawood in May 2015 is my son. All legal avenues with regard to the Migration Act have been exhausted. His wife is an Australian born citizen and so is their son. My son was on a permanent resident visa and arrived here at age 3. His PR Visa has since been cancelled. What rights do his wife and son have under Family Law now that they have reached this point.I will await your response.Kind Regards,
Expert:  Leon replied 1 year ago.

Good Morning

It appears that he is not of fit character due to criminal offences.

His wife and son cannot do anything. He is the one that has to make the applications and he can use his wife and son as a reason.

Now if they are dependent on him then this can be used but it appears that the minister has cancelled his visa and he would have to take this to the High Court or the Supreme Court to argue against the Minister.

It is clear in the Migration Act that if you are not of good character that the Visa will be cancelled or not granted.

You say all legal avenues have been exhausted? If they have take it to the highest court and they have found that the decision is correct then there is nothing else that can be done.

I assume that they have had a solicitor dealing with this?