Dr Stephen Tully worked pro bono with Liz Simpson, Ali Mojtahedi and Olivia Todhunter of the Immigration Advice and Rights Centre in FTYC v Minister for Immigration and Border Protection.
In December 2016, the Administrative Appeals Tribunal affirmed a decision to refuse to grant a protection visa to an applicant on character grounds, because she had a substantial criminal record and visa refusal was considered to be the preferable decision. The applicant was arrested upon her arrival into Australia in 2010, was convicted and sentenced, and was being held in immigration detention pending deportation.
However, Australia owed non-refoulement obligations to her under international law and she faced the prospect of indefinite detention. Following a hearing before the Federal Court of Australia in June, the parties agreed to remit this matter to the tribunal for reconsideration.
Truly a team effort by all involved with a fantastic outcome for a very deserving client.