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Criminal Record Question

Criminal Record Question

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Old Oct 20th 2003, 1:41 am
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Default Criminal Record Question

I was talking to my brother online earlier today. He has ust voiced an interest in coming to Oz.

His problem is that when he was a teenager he did a couple of stupid things...one was nick a car and hte other was a couple of fights in a pub (not erious inuries or anything). He is now 34, very sensible, has a family and owns a hotel.

My question is.... Are all criminal convictions a barrier to entering Australia to live, or are certain things overlooked or age taken into account?
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Old Oct 20th 2003, 1:53 am
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My guess (and I stress that it IS just a guess) is that if he was a teenager, and under 18, then he was a minor, so that record would have been sealed when he achieved his majority. If he was over 18, then it's a differnt ballgame, and I have no idea of the repercussions.

Which doesn't really answer your question! Sorry about that!
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Old Oct 20th 2003, 2:02 am
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Thanx for that DUP

I cant remember if he was over or under 18 for one of them...
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Old Oct 20th 2003, 2:05 am
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Originally posted by podgypossum
Thanx for that DUP

I cant remember if he was over or under 18 for one of them...
Keep your fingers crossed that - if he was underage for one of them - it was the car. Nobody minds a punch-up when you're 18 and full of raging hormones.
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Old Oct 20th 2003, 2:49 am
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Default Re: Criminal Record Question

Originally posted by podgypossum
I was talking to my brother online earlier today. He has ust voiced an interest in coming to Oz.

His problem is that when he was a teenager he did a couple of stupid things...one was nick a car and hte other was a couple of fights in a pub (not erious inuries or anything). He is now 34, very sensible, has a family and owns a hotel.

My question is.... Are all criminal convictions a barrier to entering Australia to live, or are certain things overlooked or age taken into account?
An easy way for him to find out if he has got any convictions still on record is for him to just go and get a police check done before he starts with the immigration process. May set his mind at rest.

I don't know if it will hamper his chances of emigrating to Aus if he has still got a record, but he may be worring about nothing... he should go and find out if he has actually got a record first, he may not have one.


cheers
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Old Oct 20th 2003, 4:14 am
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you must declare all convictions anyway, spent or not.

i know because i have had reason to look in to this.
 
Old Oct 20th 2003, 4:24 am
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This is one for the agents or someone who has applied with spent convictions, declared them and got a visa.

Does DIMIA use its discretion for old cases of someone who has been an honorable citizen for the last ten years?

Maybe PM ptlabs, Alan Collett or George Lombard. They will know the outcomes of applicants who have been in similiar situations.
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Old Oct 20th 2003, 5:44 am
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Originally posted by bondipom
This is one for the agents or someone who has applied with spent convictions, declared them and got a visa.

Does DIMIA use its discretion for old cases of someone who has been an honorable citizen for the last ten years?

Maybe PM ptlabs, Alan Collett or George Lombard. They will know the outcomes of applicants who have been in similiar situations.
This link should answer your question:

http://www.immi.gov.au/faq/general/general04.htm
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Old Oct 20th 2003, 6:06 am
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Originally posted by renth
This link should answer your question:

http://www.immi.gov.au/faq/general/general04.htm

Thanx for the website Renth...i think he might be ok!!
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Old Oct 20th 2003, 7:51 am
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Why do you worry when you only need to fill up the police clearance no more than 10 years ago?

This is exactly what the police clearance is for and the form (skilled independent) only ask up to 10 years ago.

I don't think you want to tell if it is not asked.
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Old Oct 20th 2003, 12:50 pm
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MY husband applied for his police check and it came back with nothing on it even though he got a fine for a minor offence over 10 years ago.


Denise
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Old Oct 20th 2003, 12:54 pm
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Originally posted by bell_a_ring
Why do you worry when you only need to fill up the police clearance no more than 10 years ago?

This is exactly what the police clearance is for and the form (skilled independent) only ask up to 10 years ago.

I don't think you want to tell if it is not asked.

i think you better read the form again.:lecture:
 
Old Oct 20th 2003, 1:13 pm
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data held on yourself from the Police computer will contain all criminal convictions including those spent under the rehabilitation of offenders act 1974 and in nearly all cases will include juvenile offences if tried and convicted at a juvenile court.
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Old Oct 20th 2003, 1:53 pm
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Originally posted by Donk
data held on yourself from the Police computer will contain all criminal convictions including those spent under the rehabilitation of offenders act 1974 and in nearly all cases will include juvenile offences if tried and convicted at a juvenile court.

and all convictions must be declared, even if they are not on your subject access form.
 
Old Oct 20th 2003, 2:15 pm
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and all convictions must be declared, even if they are not on your subject access form.
This is true. Honesty always best policy, failure to disclose could have disastrous consequences.
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