Life-long Australian can be deported
Posted: Wed Nov 08, 2006 5:45 am
AUSTRALIA'S immigration minister was entitled to cancel the visa of a Swedish-born criminal who had lived in Australia all but the first 25 days of his life, the High Court ruled today.
The court was told Stefan Nystrom was born in Sweden on December 31, 1973 and he and his mother, who emigrated to Australia in 1966, returned to Australia on January 27, 1974.
Nystrom had not left Australia since and neither had he become an Australian citizen.
But he had accumulated 87 criminal convictions and eight jail terms by 2004 when Immigration Minister Amanda Vanstone decided to cancel his permanent visa on the grounds he was not of good character.
Those convictions - which started when he was 10 years old - included theft, burglary, criminal damage, armed robbery, drug offences, driving offences, arson, intentionally causing serious injury and aggravated rape.
Nystrom argued that because he also held a separate "absorbed person" visa and because he had been a permanent resident for 10 years before committing any crimes, the minister was wrong and he wasn't liable to deportation.
A federal magistrate upheld the minister's decision, holding that cancelling one visa meant the other was also cancelled.
Nystrom appealed to the Full Court of the Federal Court which held that the minister had committed jurisdictional error.
The minister then appealed to the High Court which today unanimously ruled in her favour.
Judges held that Nystrom qualified for and acquired simultaneously both visas and accordingly, the absorbed person visa also was cancelled on cancellation of his permanent visa.
Source:
http://www.news.com.au/story/0,10117,20 ... public_rss
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Lol this is just stupid
this guy is not swedish imo...after 30 years its abit late to deport him 
The court was told Stefan Nystrom was born in Sweden on December 31, 1973 and he and his mother, who emigrated to Australia in 1966, returned to Australia on January 27, 1974.
Nystrom had not left Australia since and neither had he become an Australian citizen.
But he had accumulated 87 criminal convictions and eight jail terms by 2004 when Immigration Minister Amanda Vanstone decided to cancel his permanent visa on the grounds he was not of good character.
Those convictions - which started when he was 10 years old - included theft, burglary, criminal damage, armed robbery, drug offences, driving offences, arson, intentionally causing serious injury and aggravated rape.
Nystrom argued that because he also held a separate "absorbed person" visa and because he had been a permanent resident for 10 years before committing any crimes, the minister was wrong and he wasn't liable to deportation.
A federal magistrate upheld the minister's decision, holding that cancelling one visa meant the other was also cancelled.
Nystrom appealed to the Full Court of the Federal Court which held that the minister had committed jurisdictional error.
The minister then appealed to the High Court which today unanimously ruled in her favour.
Judges held that Nystrom qualified for and acquired simultaneously both visas and accordingly, the absorbed person visa also was cancelled on cancellation of his permanent visa.
Source:
http://www.news.com.au/story/0,10117,20 ... public_rss
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Lol this is just stupid

