This is incorrect and exactly the misconception I wanted to address in my first post. You can appeal administrative decisions like this. You appeal first to the agency (in this case the Ministry of the Interior above the NIA). If they deny your appeal, then you have standing to bring a case in the administrative courts.[/quote]
What is there to appeal, exactly? It’s not as though there is an “administrative decision” to challenge, because the revocation of the visa is normal procedure in the circumstances.
I’m pretty sure that revocation of an ARC is an administrative disposition and that it can be appealed. In the letter, it will cite statutory grounds for the revocation. The appeal will argue that the grounds do not apply the circumstances of his case.
How would you argue that the grounds do not apply to the circumstances of his case?
(1) Has an ARC with the purpose of working in cram school A
(2) Is found working in cram school B
The law does not ask for more than just that.
Sure you can appeal it - but the appeal will have a 0% chance of success as it lacks merit and most importantly the appeal will not stop the removal of the OP. There is no point whatsoever in filing it. The OP does not even win extra time and delay being kicked out.
I guess for the same reason I fight all traffic tickets back home, whether I have a case or not.
Clogs the system, costs the government some money for administrative tasks and hopefully generates some change. Although likely here some supervisor somewhere just stamps appeal denied and nothing gets looked at anyway.
How would you argue that the grounds do not apply to the circumstances of his case?
(1) Has an ARC with the purpose of working in cram school A
(2) Is found working in cram school B
The law does not ask for more than just that.
Sure you can appeal it - but the appeal will have a 0% chance of success as it lacks merit and most importantly the appeal will not stop the removal of the OP. There is no point whatsoever in filing it. The OP does not even win extra time and delay being kicked out.[/quote]
I don’t know the facts so I can’t make an argument. Very few if any people have actually appealed these deportations so we don’t really know which arguments might work and which will not. I agree that from what we know it is unlikely that the OP will prevail. The point I want to make is that you can appeal an administrative decision like this. That is important to know even if doesn’t help the OP much.
OK, fair enough. I agree with you on this in principle. Looking through the vast amount of cases here on Forumosa the persons removed had it coming though. It’s odd that some people still think they can get away with it.
I think there is a distinction between deportation where a person is put in jail and then physically escorted to the airport and put on a plane and one where they put the ugly red stamp saying something like “this person has been asked to leave the country by …”.
I got one of those stamps before , and only by over-staying by one day ! I guess technically that stamp is saying one is being “deported” (asked to leave by a certain day). But it did not come with any penalties. I could have gone to HK and come back in with another visa.
I think he should ask what his penalties are going to be. They did not arrest him and hold him in detention and then physically escort him to the airport. So perhaps there are no other conditions being set on him.