The 48-year-old Chinese man was jailed for 10 years for drug trafficking before being transferred to the Villawood Immigration Detention Centre for nearly a year.
The Interior Ministry, who has ordered his visa to be cancelled and who was to be repatriated to China on Friday, appears to have a change of opportunity.
The man, who could not be named for legal reasons, reportedly told the Australian administrative court that he wanted to stay in Australia and live with his mother, partner and two children.
Humanitarianism, after listening to his story, the Australian Administrative Court is trying to help the man withdraw his visa cancellation decision.
Here's the story:
In 1989, the Chinese man arrived in Australia and left his hometown, unable to abide by his parents' filial piety. In 2000, his father died of a terrible maritime disaster, and when he received the news, he rushed back to Hong Kong to collect the body.
It was also because of this that he was hit hard.
He said: "I keep appearing in my head like this, my father's face was split in half in the shipwreck."
When he felt hopeless, he was advised to try taking drugs so that he could forget his pain for a while.
When he heard this method, he felt he could give it a try. After all, he was old and small, and it was not a matter for him to be so depressed that he was sure he would not be in the middle of it.
So, he began to go back to the road, addicted to drugs and gambling all day, but drugs are so expensive, only smoking, sooner or later to lose their wealth, so, mixed in the drug circle, he went to the old way of most drug addicts-drug trafficking.
People in the river and lake walk, how can not wet shoes?
The man, of course, could not escape legal sanctions, and soon after he was arrested, the court sentenced him to 10 years in prison, cancelled his visa and repatriated him after serving his sentence.
Ten years in prison, unwilling to return home.
After he went to prison, he awoke to the fact that over the years he had given up the drug and became a perfect example of the effectiveness of the prison rehabilitation system.
From the prison, the man was sent to the immigration prison, where he was allowed to go on Kingswood TAFE education without supervision, which helped him find a job after he got out of prison, and when he was in the immigration prison, he was allowed to go on to Kingswood TAFE without supervision.
For nine months in a row, he left the prison at 06:30 every morning, took a bus to Punchbowl, and then transferred to Kingswood.
In court, the man expressed remorse for his past actions, saying he had hurt those closest to him, "especially my mother, who gave up everything in China to support me in Australia."
The man's mother, who was naturalized to Australia, moved to Sydney as soon as she learned that her son was being held, living with her son's partner, and had recently suffered a heart attack that made her health worse.
The man's partner said he had worked hard to take care of "mother-in-law" during his absence and was eager to have a family reunited as soon as possible. "he was like the biological father of my two children, and they got along very well," she said.
She also said that the prison had changed him and that he would not continue to risk doing stupid things because he had lost too much. "We are all waiting for this day, especially his mother, and we are all very depressed about the repatriation."
In addition, she worries that China will reprosecute or even be sentenced to death for his crimes. "the political environment is different, and the Chinese government takes drug crimes more seriously."
One reason the Home Office cancelled the man's visa was because Australian law made it clear that a foreign citizen who served a sentence in Australia or was sentenced to a single sentence of 12 months or more would have to cancel his visa.
Second, he failed to pass the personality test provided for in Section 501 of the Immigration Act 1958.
A spokesman for the department said the Home Office's priority was to protect Australian citizens and that non-citizens would be held in immigration detention during the decision to consider whether to revoke the visa. A foreigner can voluntarily return to his country to wait for the result of the withdrawal. If the withdrawal request succeeds, the man's visa will be restored and he will be able to return to Australia again.
At present, the Australian Administrative Court has reversed the Home Office's decision to "cancel the man's visa" and allow him to remain in Australia. However, under the relevant provisions, Home Affairs Minister Peter Dutton can also reject any decision of the Administrative Tribunal, that is, that is, The fate of the Chinese man is now in the hands of the interior minister.
The netizens who saw the news also had different opinions. Some people said, too poor, let's stay.
Some people say that they should not stay, they deserve it.
It can only be said that the poor man must have something to hate, no matter how tragic the background story can be used as an excuse for breaking the law, but this uncle seems to be able to act like he can in prison, and if he really changes it, he can still give him a chance. The specific judgment should be left to our immigration minister.