It is possible to be provided with an injunction so that the Department of Immigration and Border Protection can be stopped from deporting you when your visa is canceled at Airport.
The indication from Australian Caselaw
Judge Manousaridis of the Federal Circuit Court just arrived at a decision recently in the case of Calava v the Minister for Immigration (2015) FCCA 2525 (16th of September 2015). If it is any indication, it looks like the answer to this very question is: ”It will very likely be a hard slog to get an injunction, and your chances are pretty bleak!”
This case shows that it is what’s going to happen even when the visa holder’s visa is cancelled by the Department of Immigration right at the airport when the visa holder is hoping that he or she can re-enter Australia, and the cancellation of the visa is based on a short interview that took place at the airport only a few minutes after the visa holder was held at customs.
Can you stop immigration officer to cancel your visa?
the cancellation of your visa depends on your circumstance.
Back to your question, it is no way to stop the immigration officer to cancel your visa if you have signed the necessary forms, which means you were agreed with the evidences against you. The case officers are required provide the followings:
- At the interview by the immigration officer, you have evidence to say that you have complied with your visa condition;
- You asked for accessing to a lawyer to represent you and refuse to leave Australia before speak to your lawyer;
Can you stop immigration officer to deport you after your visa is canceled?
Your lawyer is capable of lodging an injunction to the Federal Circuit Court while you are still at customs of Australia. Please contact our lawyers if you need legal assistance.
