When dealing with Australia’s complex immigration system, engaging a migration lawyer can be one of the most important decisions you make. A single misstep, miscommunication or misunderstanding may lead to serious consequences, including the cancellation of your visa. A recent case handled by Anthony Le, Migration Lawyer, and the team at NB Migration Law illustrates how informed legal guidance can influence the outcome of complex migration matters.
This article explores how a vulnerable individual at risk of losing everything was able to stay in Australia and continue raising his young family with the support of experienced legal professionals.
The Importance of Legal Advice in Australian Migration Law
Australia’s migration laws are detailed, technical and often overwhelming, particularly for people who have experienced trauma or language barriers. In matters involving visa cancellations under section 116 of the Migration Act, receiving guidance from a qualified migration professional can be crucial. It can help ensure that a person’s circumstances are properly considered and their rights protected.
This was the situation for a permanent visa holder who arrived in Australia under a Subclass 117 (Orphan Relative) visa.
A Childhood Marked by Displacement and Survival
Born in the Democratic Republic of Congo, this individual experienced significant loss and hardship from a young age. After both of his parents were killed in violent conflict, he fled the country alone as a child and eventually reached Burundi, where a local widow helped him survive.
With no legal documents or access to formal education, he worked odd jobs to get by and later travelled to South Africa, hoping to reunite with his sister. Unfortunately, he again found himself homeless and without legal status or a support system.
In an effort to apply for asylum in South Africa, and without access to legal guidance, he was advised to claim Burundian nationality instead of Congolese. He followed this advice simply to avoid detention or deportation and did what he could to survive.
Subclass 117 Visa Lodged by His Sister
While he remained in South Africa, his sister, an Australian citizen, applied for a Subclass 117 (Orphan Relative) visa on his behalf. At that time, he had no English skills, no access to the internet and no understanding of the immigration process. He did not complete or submit any documents himself. When the visa was granted, he arrived in Australia in 2014 to start a new life.
Since then, he has worked, complied with the law and built a life with his Australian citizen partner. Together, they have two daughters, both born in Australia and both Australian citizens.
Visa Cancellation Threat Arises Years Later
Years after settling in Australia, the Department of Home Affairs raised concerns about discrepancies in his identity documents and issued a Notice of Intention to Consider Cancellation under section 116(1AA) of the Migration Act 1958. Despite more than a decade of residence in Australia and a stable family life, he now faced the prospect of visa cancellation and removal from the country.
At this stage, he sought legal help from NB Migration Law. Anthony Le, an experienced migration lawyer, reviewed the matter.
Building a Strong and Fair Case
The team at NB Migration Law carefully assessed his history and prepared detailed submissions to the Department. Their work focused on outlining the following key points:
- He did not deliberately provide false information during his migration process
- The inconsistencies were the result of hardship, displacement and a lack of legal guidance
- His humanitarian background and personal vulnerability should be taken into account
Supporting evidence was presented, including:
- The best interests of his two young Australian citizen children
- The likely impact on his partner if he were removed from Australia
- His long-standing compliance with Australian laws and integration into the community
- His personal trauma and challenges as an unaccompanied minor
The aim was not to excuse the inconsistencies but to provide a clear explanation based on the facts and context of his early life.
A Positive Outcome: Visa Cancellation Prevented
Following the submission, the Department of Home Affairs decided not to proceed with cancelling the visa. The decision reflected an understanding of the individual’s circumstances, his contributions to Australian society and the broader implications for his family.
This outcome highlights the value of careful legal representation, particularly in complex or high-risk migration matters. It also shows that compassionate consideration of someone’s background and efforts to rebuild their life can lead to a fair and balanced result.
Why You Should Consider Speaking to a Migration Lawyer
Professional legal advice can help you:
- Understand your rights and obligations under Australian migration law
- Avoid common errors in applications and supporting documents
- Receive guidance tailored to your unique circumstances
- Ensure your voice is heard during Departmental or Tribunal proceedings
- Navigate sensitive matters such as visa cancellations, refusals or complex histories
Even in straightforward cases, early advice can provide clarity and peace of mind. In complex cases, it may be the key to protecting your future in Australia.
Conclusion: Legal Help Supports Stability and Fairness
Migration decisions can affect individuals, families and entire communities. This case is a reminder that visa matters involve real lives and real consequences. When facing uncertainty, the right legal support can help ensure that your situation is considered fully and fairly.
If you are dealing with a visa cancellation, identity issue or simply need help understanding your options, NB Migration Law is here to assist. Book a Free 20 Minute Consultation with Anthony!