A New Zealand citizen facing deportation from Australia could be allowed to stay after the High Court in Canberra ruled fresh information in his case was not properly considered.
The High Court unanimously ruled the Administrative Appeals Tribunal had not seriously considered the revelation that Peter Uelese, 29, had two more children than he originally stated, AAP reported.
The tribunal must consider the best interests of any minor children who would be affected by cancellation of a person's visa.
It emerged Uelese fathered five, not three, children during evidence given to the tribunal by his partner Peta Fatai.
She said while they were separated, Uelese had two children with another woman, who were now aged five and four.
As a New Zealand citizen, Uelese was permitted to remain in Australia indefinitely.
However, a long list of criminal convictions including recklessly causing grievous bodily harm meant his visa was cancelled in September 2012.
It was intended that he would return to New Zealand under good character provisions of immigration law.
By Tess Nichol of NZME. News Service
