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Thursday, 7 July, 2022
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Family’s visa joy By Cam Lucadou-Wells A Doveton family is “jumping for joy” after winning their last-ditch legal fight to remain together in Australia. Administrative Appeals Tribunal member Scott Clarey on 24 June ruled that asylum seeker Mr S. Seng met the criteria for a protection visa. He ordered the matter should be “remitted for reconsideration”. After six years of road-blocks, Mr Seng’s battle to stay with wife Tina and seven kids is back on track. If he lost his tribunal appeal, he would have been deported back to Cambodia – which he fled after being seriously assaulted for his political beliefs. Mr Seng arrived in Australia on a tourist visa in 2009. He married Tina, who has four children from a previous marriage, in 2014. Tina and the children are all Australian citizens but were prepared to join their husband and dad in Cambodia, despite the dangers and risks of persecution. So the tribunal win brought her both shock and relief. Her kids were “jumping for joy”, she said. “I was thinking, is this true? I just feel thankful that he’s now safe here and can feel at home in Australia. “Australia is the best place to stay, where we can live a normal life without fear.” Mr Seng’s application had been rejected three times by the Department of Home
Affairs. The most recent blow was delivered by a Home Affairs Minister delegate in April 2020. Tina said migration agent Thayhorn Yim led the successful application with advice from well-known human rights barrister Julian Burnside QC. He says the evidence was “overwhelming“ in Mr Seng’s favour, and likened the outcome to the Biloela asylum-seeker family’s recent release from detention. “It is great for Mr Seng and his family that they can now put the uncertainty of their future behind them,” Mr Yim said. “They now can look forward to enjoying family time.” Continued A refugee must demonstrate a well-founded fear of persecution in their home country on the grounds of race, religion, political opinion, nationality or being a member of a particular social group. They must be unwilling to return, and the local authority unwilling to offer protection. Mr Clarey found Mr Seng faced a “real chance of serious harm from the Cambodian Government” due to his political opinions. “I am satisfied that Mr Seng is a person in respect of whom Australia has protection obligations.” The member accepted that Mr Seng was assaulted and his business vandalised in Cambodia due to his political opposition. And that he was violently assaulted at a party in Melbourne by a man making “politicallybased threats”. Continued page 2
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Oreo pictured with Marli.
Picture: SUPPLIED
Distressed by dog death By Eleanor Wilson A Cranbourne West family is distraught after their three-year-old pet Spitz dog was mauled to death in a savage dog attack. Elysha Huby said the family was out celebrating daughter Marli’s 11th birthday on Tuesday 28 June when her neighbour’s two pet greyhounds forced entry into the rear of her property, where the family’s pet dog Oreo was located. CCTV footage from Ms Huby’s property shows the two greyhounds forcing down the adjoining fence over a period of 15 minutes to gain access to the backyard. Miss Huby said the footage showed the greyhounds mauling Oreo for 30 minutes,
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with the Spitz dog suffering for seven minutes before succumbing to his injuries. “Oreo was the most beautiful dog. He slept on my pillow every night and he was my best mate,” she said. “I’ve never seen something so horrific, I am so traumatised by what my baby went through.” Both of the greyhound dogs were surrendered to Casey Council following the attack, and one greyhound has since been humanely euthanised, according to council. The council said the second greyhound “did not participate in the attack and was identified to not be a risk to the community through CCTV footage that was analysed.” Continued page 3
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