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Posts Tagged ‘discretion’

JANNIE and Amanda Klue, their eyes wide with desperation, are staring at two distinctly different futures.
One future embodies the Australian dream: running their own business, living in their own house, building community ties and watching their two children, Jan-Sari, 9, and Pieter-Nick, 6, flourish in an environment that is far removed from their homeland.
The Klues have been living that dream since migrating to the Sunshine Coast from South Africa 22 months ago.
The other future is a bleak one: a barb wire-fenced home with security cameras, guard dogs and streets deemed too unsafe for their children.
The Klues lived that nightmare in South Africa. And now they have been told they must return to it.
Having sold everything before moving to Australian on Christmas Day, 2007, the family must leave the country after their application for a state-sponsored business-owner visa has been rejected.
On Monday, the Klues learned they have until October 19 to get out of the country after they received two-week bridging visas.
In a bid to stave off deportation. Jan-Sari wrote a letter to Anna Bligh this week, in which she pleaded with the premier to help her family.
“We don’t want to leave Australia,” she wrote. 
“My mum and dad has (sic) come to Australia for my brother and my future.”
Mr Klue said on Friday that he had bought a business – Middy’s grocery store at Buderim – as required under the business-owner visa and had ticked every other box, bar one.
He said he couldn’t sufficiently prove to immigration officials that one of the two money-lending businesses he had owned in South Africa was actually his and, as a result, the family didn’t meet the visa’s minimum-assets requirement.
“I thought everything would work out,” Mr Klue said.
“I’m not a fugitive or a criminal … they will show discretion and let commonsense prevail.”
Fighting tears, Mrs Klue described the situation as “unreal”.
“It shouldn’t have come to this,” she said.
Mrs Klue said her children were well-established at Buderim Mountain Primary School and the family now considered themselves Aussies.
An immigration spokeswoman said the Klues simply didn’t meet the criteria for a state-sponsored business-owner visa, and then failed to lodge their appeal against the ruling on time.
She said applicants must show they owned and directly managed a business with a turnover of at least $300,000 for two of the past four fiscal years, or had a successful record as a senior manager.
“Entering Australia on a temporary visa does not mean you have an ongoing right to remain in Australia,” she said.
A spokesman for Ms Bligh said while immigration was a federal government matter, state officials were talking to immigration officials about the Klues’ case.

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