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Old 17th April 2011, 06:32 PM   #2
Robert K Chelliah
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Join Date: Jun 2009
Location: Greenwood, WA
Posts: 336
Kandralingam Chelliah Registered Migration Agent
MARN 9254011

An assault charge that would have occurred many years ago is not a relatively serious offense unless recidivism is involved. The criminality based on a single incident, or even in a series of incidents over a short period of time, does not make a person inherently enduringly criminal. Secondly, if he is an absorbed person and it appears he is, absorbed persons carry strong mitigating factors in support of the past and future general good behaviour. It is not easy for the Minister to deport an absorbed person who is also a permanent resident based on a single assault charge. if that is the general rule many of us would have been deported. If death had occurred of a victim due to the assault, the circumstances that caused the death may well be mitigated by the circumstances under which the assault had occurred. Even an unlawful resident has human rights that are accorded to permanent residents.

MSI direction 41 minimises the seriousness of breach of sect 501.

I am really surprised that an absorbed person, even as a non citizen, is being deported for assault under the full judicial process. Without knowing the full facts of the background it would be difficult to comment, however, I am sure his lawyer or the agent would have worked the full provisions of the law.

Robert K Chelliah
MARN 92-54011
Recruitment Agent Licence No. 2079
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Tel: +61 8 92464088
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