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Life-long Australian can be deported

Posted: Wed Nov 08, 2006 5:45 am
by <ankh>
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 :D this guy is not swedish imo...after 30 years its abit late to deport him :D

Posted: Wed Nov 08, 2006 9:30 am
by Maeloch
Hope his mother taught him Swedish!

Posted: Wed Nov 08, 2006 9:39 am
by OohhoO
I bet Sweden's *really* happy about the prospect of getting someone like him back lol
:p

Posted: Wed Nov 08, 2006 9:47 am
by <ankh>
Yeah...what a great addition to our population!

/Ankh

Posted: Wed Nov 08, 2006 9:52 am
by Xest
Wow, Sweden sends their criminals to Australia too :p ?

Seriously though you gotta laugh at the guy, he's an idiot for not applying for Australian citizenship which he could've got so easy being there that period of time.

Posted: Wed Nov 08, 2006 10:54 am
by OohhoO
Xest wrote: Seriously though you gotta laugh at the guy, he's an idiot for not applying for Australian citizenship which he could've got so easy being there that period of time.
Well I dunno how it is in Australia but when I tried to apply for Swiss citizenship (I've lived here for 20 years) it would have cost me roughly £13'000, which is easily 10 times the average amount on my bank account. I don't have that kind of money lying around spare, but if you have I'm not too proud to accept donations :p

Posted: Wed Nov 08, 2006 11:04 am
by Xest
OohhoO wrote:Well I dunno how it is in Australia but when I tried to apply for Swiss citizenship (I've lived here for 20 years) it would have cost me roughly £13'000, which is easily 10 times the average amount on my bank account. I don't have that kind of money lying around spare, but if you have I'm not too proud to accept donations :p
Just got to have worked in the country for 3 years IIRC, it's similar to Canada except you need to have lived their 5 years for citizenship.

Posted: Wed Nov 08, 2006 11:10 am
by <ankh>
Xest wrote:Just got to have worked in the country for 3 years IIRC, it's similar to Canada except you need to have lived their 5 years for citizenship.
Yeah, but when 25 days old I doubt working 3 years is a must :P I think its enough if his parents does it. But even if that guy isnt an australian citizen, its just silly to send him back to sweden :P

/Ankh

Posted: Wed Nov 08, 2006 11:22 am
by Xest
I'm pretty sure age doesn't matter, a 25 day old kid could gain residency status but not citizenship which would allow him to live and work there but not enjoy the protections of being a citizen (i.e. protection from deportation). He'll have been given permanent residency status then been too lazy to apply for actual citizenship hence why I think it's his own fault tbh for being so lazy, he could've had dual Swedish/Australian citizenship. Makes sense to get citizenship for as many countries as you can as then you can move around them freely whereas if it's just residency and you leave a country for an extended period (usually between 6 and 18 months) you generally have to apply for residency again which can take years and cost money, if you're a citizen you can move freely between countries and leave for as long as you wish in most cases and still get welcomed back with open arms or have the country(ies) you're a citizen of be willing to try and rescue your ass if you get yourself stuck on Chinese death row or whatever ;)

Posted: Wed Nov 08, 2006 12:32 pm
by Lieva
yknow
technically sweden could refuse him stating that when he was in sweden he was the perfect citizen but quite obviously australia has turned him into a criminal therefore they should sort him out :p