“David” arrived in Australia as a two year old and was later taken into state care for 11 years. He experienced 19 different families/carers, and was only ever allocated a temporary residence visa.
He witnessed a violent crime and developed post traumatic stress disorder and eventually resorted to criminal activity himself. After serving 15 months imprisonment, the Department of Immigration and Border Protection cancelled his temporary visa.
David applied to revoke the decision however the decision was upheld. David applied to the Queensland Public Interest Law Clearing House Referral Service, which arranged for K&L Gates to assist him to apply to the Administrative Appeals Tribunal to review the cancellation decision. The Administrative Appeals Tribunal set aside the decision to cancel David’s visa, giving weight to the considerations that he arrived in Australia at a very young age, he has no family in New Zealand, and there is a need for his ongoing support by friends and family in Australia.