Drafting Statement Of Issues Facts And Contentions For An Immigration Case Assignment
- Country :
Australia
Client needs help with drafting statement of issues facts and contentions for an immigration case. Practical legal training course need a person with legal background
CONTENTIONS
Direction 99
Primary considerations
Section 8.1. Protection of the Australian community
Section 9.1.1 - The nature and seriousness of the conduct
The Tribunal must consider, without limiting the range of conduct that may be considered very serious. whether the Applicant committed crimes which are violent or sexual, of a violent nature against women or children, or family violence related
The first offending involved the commission of summary offenses to which the Applicant pleaded guilty. Mr Rajani was transporting a passenger, referred to as 'M." M is a male sex worker, was known to the Applicant and was until that point, on amicable terms with Mr Rajani. At the lime of the offence. Mr Rajani had picked up M from where he had been working. They smoked some methyl amphetamine in the taxi together after which Mr Rajani tried to persuade M to engage in a sexual act with him. M refused and tried to exit the vehicle, after which Mr Rajani grabbed Ms wrists (the assault charge) M struggled free, ran away and called police Mr Rajani circled the block a few times in his taxi, by which time police arrived and arrested Mr Rajani. Mr Rajani was cooperative with police, made full admissions to the charges and pleaded guilty to the charges at an early opportunity
The second offending occurred when Mr Rajani persistently breached an interim FVIO in respect of his wife. Police applied for the FVIO after neighbour reported a loud verbal altercation taking place. it excluded Mr Rajani from the home and precluded any contact with his wife until the interim order could be finalized in court However, before the next court date Mr Rajani tried to contact his wife via phone calls and text messages asking to see or speak to his daughter When she did hot respond, he returned to the home and banged on the door, begging to be let in 32.
Neighbour again called police. They arrived and tied to placate Mr Rajani who was frantic and warned him to stop but he continued to beat at the door and well. The above contention is an example of another case. This is for your reference.
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