At Kris Ahn Lawyers, we are dedicated to delivering exceptional results in even the most challenging immigration cases. In this case study, under the strategic guidance of our Accredited Specialist in Immigration Law, Kris Ahn, our highly skilled lawyer, Daman Sharma, assisted by Elaine Ong, successfully secured permanent residency for a client who had been unlawfully in Australia for over 23 years.
The case involved a thorough investigation of the clients’ documents and records that the Department of Home Affairs have held for over 20 years, and a carefully tailored legal strategy, leveraged by the strength of community advocacy, Kris and Daman skilfully navigated intricate visa challenges and Ministerial Intervention processes to deliver a transformative outcome.
Background
Our client first arrived in Australia on a visitor visa in 1996 and applied for a Partner Visa in 1997. Unfortunately, she experienced domestic violence from her ex-partner who also withdrew sponsorship, leading to her visa refusal in 1998. The client was uncertain whether she had appealed and did not realise she had been granted a Bridging Visa E (BVE) in 1999.
The client remained without a valid visa for over 23 years, during which she established deep ties within her local community in Maroubra, NSW. Her case garnered strong public support, with over 15,000 petition signatures advocating for her to remain in Australia.
At this critical stage, she sought the assistance of Kris Ahn Lawyers, and Kris helped develop a structured legal strategy to achieve permanent residency through Ministerial Intervention.
This case underscores the challenges of long-term unlawful status, the impact of community support, and the importance of legal expertise in achieving a successful outcome.
Challenges
The client faced multiple legal and procedural challenges, including:
- Unlawful Status for Over 23 Years
- No valid visa since 1999, making it difficult to obtain work rights or access migration pathways.
- Client’s language barrier and lack of knowledge about her migration history and records
- This required a thorough examination of the documents obtained through the Freedom of Information (FOI), where we perused hundreds of pages of the client’s visa records.
- Bridging Visa E (BVE) History
- Having held a BVE in the past meant that obtaining work rights proved extremely challenging.
- Section 48 Bar
- The client was barred from applying for most visas while remaining in Australia.
- PIC 4014 – 3-Year Re-Entry Ban
- Leaving Australia could trigger an automatic three-year re-entry ban, preventing her from returning.
Our Approach
Recognising the case’s exceptional circumstances, our lawyers implemented a step-by-step strategy to create a viable pathway for Ministerial Intervention:
- Firstly, assisted the client to be lawful
- Identifying the quickest pathway to trigger and approach Ministerial Intervention
- Advising and coordinating with the client and her supporters to help gather relevant supporting documents
- Submitting a Ministerial Intervention (MI) Request and communicating with the Minister’s office to ensure that the application is expedited
Ministerial Intervention (MI) Request
Our Ministerial Intervention (MI) request highlighted the following elements:
- The client’s long-standing ties to the Australian community, including 15,000+ people signing petition in support of her case.
- The humanitarian nature of her case, including domestic violence history.
- The exceptional circumstances justifying Ministerial discretion.
While Ministerial Intervention guidelines typically exclude cases of long-term unlawful residence, we successfully argued that her strong community support and humanitarian factors warranted an exception.
Processing Timeline
- First consultation: 23 Oct 2023
- Engagement of our services:1 Dec 2023
- Legalisation of the Client: 25 Jan 2024
- Ministerial Intervention request lodged: 18 Dec 2024
- Permanent Residence Visa granted: 26 Feb 2025
Outcome
On February 26, 2025, the Minister for Home Affairs, Minister for Immigration and Multicultural Affairs, Minister for Cyber Security and Minister for the Arts, the Hon Tony Burke MP, has personally considered your case and has decided to exercise the public interest power in our client’s case to grant a Former Resident (subclass 151) visa.
Key Factors for Success
- Proactive and Customised Legal Strategy
- Anticipating roadblocks and strategically using visa refusals and appeals helped unlock Ministerial Intervention eligibility.
- Legal Pathway for Ministerial Intervention
- Creating a legitimate case pathway utilising series of visa applications and tribunal review applications that allowed us to quickly approach the Minister was essential.
- Humanitarian and Community Support
- Over 15,000 petition signatures demonstrated overwhelming public support.
- The client’s long-standing contributions to her local community were critical in influencing the Minister’s discretion.
Conclusion
This case highlights the importance of strategic legal intervention when dealing with long-term unlawful residences. By leveraging Ministerial discretion, community support, and a carefully executed legal approach, our team secured permanent residency for our client despite significant immigration barriers.
For individuals facing complex immigration challenges, Kris Ahn Lawyers provides expert guidance in navigating Ministerial Intervention, visa refusals, and AAT appeals (AAT has been officially replaced by Administrative Review Tribunal – ART on 14 October 2024).
How Kris Ahn Lawyers Can Assist
At Kris Ahn Lawyers, we provide:
- Expert Guidance: Our team includes two Accredited Specialists in Immigration Law, offering unparalleled expertise in Australian migration matters.
- Tailored Solutions: Every client’s situation is unique. We develop customised strategies to maximise your chances of success.
- Proven Results: From straightforward applications to intricate cases like this one, we have consistently achieved outstanding outcomes for our clients.
If you need assistance with Ministerial Intervention or require assistance with your immigration matters, contact Kris Ahn Lawyers today. Our dedicated team is here to guide you every step of the way.
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Disclaimer: Not Legal Advice
The information provided in this blog post/article is for general informational purposes only. It does not constitute legal advice or create a representative-client relationship. While we strive to provide accurate and up-to-date information, the content may not reflect the most current legal developments or specific circumstances.
Do not rely solely on the information presented here – but please book in a consultation with us to see how you this information applies to you and may benefit you. Any reliance on the material in this post is at your own risk.
Australian immigration law is arguably one of the most complex laws in Australia. Seek professional legal advice tailored to your individual needs before making any decisions based on the content of this post.
