Post
by littlerr » Wed Jan 18, 2023 1:51 am
I’m not a legal expert and @obie is probably more suited in these areas.
As far as I understand, the Chenchooliah case is focused on procedural correctness - that is, what procedures and legislations can be used to remove a person. The preliminary findings on that was the minister used wrong procedures to try to (more quickly) deport the person, whereas the correct procedure might take more time or efforts from INIS. Per new legislation in 2021, the minister needs to assess the grounds for consideration of deportation, and within that period of consideration, the person will be issued with a temporary permission (Stamp 1 in this case).
My understanding is that if the assessment has not been completed by the minister / INIS, the person should continue having temporary permissions of Stamp 1. Switching to a different permission such as Stamp 4 might not be possible though, unless the minister personally grants that for a different or exceptional reason.
Unfortunately there is no published steps on INIS’s website regarding how the permission can be renewed. I would suggest that you read the original permission letter. Usually these letters will include some wordings on how to renew the permission. If they are not there, there is no harm sending a letter to INIS (use letters rather than emails, as most of the online INIS support team don’t have a clue either).