A Brazilian man who was once convicted of armed robbery has been spared deportation by an Administrative Appeals Tribunal official, months after he created an online petition pleading to stay in Australia.
Pedro Fernandes, 27, was jailed for four years in 2013 after an armed robbery which saw him and an accomplice force a manager at Sydney’s Randwick Golf Club to open a safe before making off with its contents.
Upon his release from prison, Fernandes’ visa was cancelled by delegates of Immigration Minister Peter Dutton, first in June and later in December 2017.
Brazilian-born Pedro Fernandes, 27, has been allowed to stay in Australia despite having been convicted of armed robbery in 2013
The decision was made by Administrative Appeals Tribunal deputy president James Constance last week after Fernandes’ (pictured, right) visa was cancelled twice by delegates of Immigration Minister Peter Dutton
Both decisions were overturned by Administrative Appeals Tribunal deputy president James Constance last week.
The Herald Sun reports Mr Constance made the ruling despite acknowledging Fernandes’ time in Australia has involved ‘violent offending, dishonesty, domestic violence, drug use and an alcohol-related driving offence’.
The decision to allow the Fernandes to stay in Australia comes months after he made an online petition pleading with Mr Dutton to have his deportation cancelled.
In the change.org plea, Fernandes writes from the Villawood Detention Centre in Sydney and blames his criminal past on being ‘really big hole’ due to having no family support in Australia.
The father-of-one also revealed despite his best efforts to stay out of trouble with the law, was charged with affray after one year on parole.
He claims this incident led to a nine-month intensive correctional order that was breached when he didn’t turn up to community service and was sent back to prison.
In a petition Fernandes made on change.org several months ago the father-of-one said he had made every effort to stay out of trouble in recent years
Pedro Fernandes was a teenager when he arrived in Australia with his family in 2005.
He met his future wife in 2007 and they later had a daughter, now seven, in 2010.
The adverse effect the deportation would have on his now-separated wife and daughter was one of the reasons given for the visa restoration.
In the written ruling, James Constance said Fernandes should be given the opportunity to ‘provide the care and support his family deserves.’
‘I am of the view that the Australian community would expect he be given one more chance to show that he can be a productive member of society,’ said James Constance when he made the ruling
‘I am satisfied that fair-minded members of the Australian community, who are appraised of all the facts of this matter and who understand the applicable law, particularly the requirements of Direction number 65, would not expect that he be deported,’ he said.
‘Rather I am of the view that the Australian community would expect he be given one more chance to show that he can be a productive member of society and provide the care and support his family deserves.’
In his now-successful online petition Fernandes celebrated his ability to stay in Australia and thanked his 819 supporters.
‘Got my visa back thank everyone that took your time to signed (sic) my petition, every single signature helped,’ he said.
Minister for Immigration Peter Dutton’s delegates previously cancelled Fernandes’ visa twice in the last 12 months