Scott Morrison urged to reinstate student visa of neo-Nazi gang attack victim

[izabsmiling]

Immigration minister Scott Morrison urged to reinstate student visa of neo-Nazi gang attack victim

Date January 15, 2014

Minh Duong was almost beaten to death by neo-Nazis on a Melbourne street and with the help of a good Samaritan, was planning to travel to Vietnam to see his family for the first time since the race-hate attack.

But Immigration Department officials have cancelled his student visa.

Minh is now stranded in Vietnam after being accused of overstaying his visa and banned from returning to Australia for three years.

Minh's good Samaritan, piano teacher Adrian De Luca, has started a petition on change.org which already has more than 13,000 signatures calling on Immigration Minister Scott Morrison to urgently intervene and allow the 23-year-old to return to Melbourne to complete his final year of study.

Minh's visa was valid until March 14 this year and he had the necessary documents required to seek an extension – normally considered a formality.

Minh, who was studying for an advanced diploma of accounting at Swinburne University, was attacked on an Ascot Vale street in June 2012 by three members of a neo-Nazi gang.

He was punched, kicked, stabbed and had a brick smashed over his head with such force the brick broke in two.

Minh, who a judge said was almost unrecognisable as a human being after the bashing, suffered multiple cuts to the head, face and body; a fractured skull; a torn left cheek and lip requiring stitches and plastic surgery; stab wounds to the left forearm and lower back; the loss of several front teeth and numerous crooked teeth which required realignment or removal.

He needed facial reconstructive surgery and continues to receive treatment, particularly in relation to his jaw and dental problems.

Mr De Luca, who has helped Minh's recovery by teaching him the piano, organised to travel to Vietnam with Minh to visit his family for the first time since the bashing.

They were at Melbourne airport last Wednesday checking in when confronted by Immigration officials who claimed Minh's student visa had expired.

“Minh was ordered to get on the plane straight away and told he was banned from coming to Australia for three years," Mr De Luca said.

“This is a shocking and cruel way to treat a young man who was subjected to unimaginable violence on the streets of Melbourne.

"I'm shocked and ashamed that our government could treat him this way. Minh simply wants to return to Melbourne, where his brother still lives, and complete his final year of study. That's not much to ask, given the appalling things that have happened to him.”

Mr De Luca said he tried to explain how Minh had been a victim of crime and was lucky to be alive but the immigration officer's response was: "He looks fine to me."

A Supreme Court judge described the attack by a former member of a neo-Nazi gang and two accomplices on Minh as "deplorable", "brutal" and "unprovoked".

Read more: http://www.smh.com.au/federal-politics/immigration-minister-scott-morrison-urged-to-reinstate-studen...

[izabsmiling]

"I'm shocked and ashamed too Mr De Luca 

[pct001wine]

If his visa is reinstated, we'll never know, it may encourage others to get beaten by thugs in an effort to stay in Australia.

[*crikey*mate*]

it is two separate issues.

If a mistake has been made, then that needs to be correfcted, but to play the emotional blackmail angle is wrong.

He was beaten up and that is bad. It seems like his attackers have been dealt with and he has received medical care and rehabilitation.

That's not a reason to have a visa.

They are two separate issues.

[donnashuggy · Accepted solution]

but to play the emotional blackmail angle is wrong.

Who did that?

[*crikey*mate*]

whoever wrote that article.

The issue is "a mistake has been made on the visa"

maybe I should have said playing the sympathy card - but I meant the same thing.

The reinstatement of the visa (if applicable) has nothing to do with the trespass.

[bluecat*dancing · Accepted solution]

*WARNING graphic pic at link*

https://www.change.org/en-AU/petitions/he-was-viciously-bashed-and-left-for-dead-by-neo-nazis-in-mel...

Minh Duong was viciously bashed to near death by three neo-nazis. Studying in Melbourne, Minh was punched, stabbed and had a brick broken over his head so hard it broke in two -- now while recovering and visiting his mum in Vietnam, his student visa has been suddenly cancelled.

Last week, Minh was travelling back to Melbourne for the start of uni when Immigration officials said his visa had been cancelled. Without letting him know, it seems they changed the expiry date of his student visa to a year earlier (it is technically still valid according to the documents) -- meaning Minh was ordered to return to Vietnam immediately or be arrested. We're still trying to figure out why.

I'm shocked and ashamed that our government could do this to him. After seeing the horrific news of Minh's bashing on the news last year, I knew I had to help in any way I could. So I offered free piano lessons. Since then, I've been helping Minh recover from the trauma of being bashed through music. We hope to even have a concert back in Melbourne once his visa has been re-instated. 

Minh is just one year away from finishing his Bachelor of Accounting. He has lived here with his brother for the last six years, loves uni and only missed classes just after the beating left him in hospital. All he wants to do is graduate this year, and start putting this shocking bashing behind him.

Every day, Minh still lives in pain. His cheekbone was smashed and he's still missing teeth -- he's got dental work scheduled, but that needs him to be allowed back into the country.

[cherry*135]

1st link

They were at Melbourne airport last Wednesday checking in when confronted by Immigration officials who claimed Minh's student visa had expired.

“Minh was ordered to get on the plane straight away and told he was banned from coming to Australia for three years," Mr De Luca said.

2nd link

Last week, Minh was travelling back to Melbourne for the start of uni when Immigration officials said his visa had been cancelled. Without letting him know, it seems they changed the expiry date of his student visa to a year earlier (it is technically still valid according to the documents) -- meaning Minh was ordered to return to Vietnam immediately or be arrested'.

Dreadful thing to happen. I hope he will be able to finish his studies.

Was his passport/visa checked after landing in Melbourne (on his way back from Vietnam) and that is when they said his Visa was no longer valid?

The first link sounds like he was checking in (checking in luggage/passport control) at Melbourne about to leave Aust.

My daughters have had international student visas. They hand in their passports and the visas are stamped/imprinted on a page in their passport including the dates it is valid for.If Minh has documentation with his end date as March 2014, you think that would still be valid.

Minh, who was studying for an advanced diploma of accounting - link 1

 Minh is just one year away from finishing his Bachelor of Accounting - link 2

[cherry*135]

Was he attacked in 2012? Was his student visa cancelled as he was unable to study because he was recovering from the attack?

Immigration says that Minh should reapply for a student visa which will take over 3 months and not guaranteed to be granted

(we have started this process)

[izabsmiling]

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@crikey*mate wrote:

whoever wrote that article.

The issue is "a mistake has been made on the visa"

maybe I should have said playing the sympathy card - but I meant the same thing.

The reinstatement of the visa (if applicable) has nothing to do with the trespass.

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Would you feel more comfortable if they had ommitted the violent,racial attack from the article ? 

I'm sure the poor man would have liked that not to be part of HIS life too .It is about him ...any discomfort you may have reading it ......  doesn't matter