criminal record?
Jan 25th 2009, 9:05 pm
#16
Home and Happy
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,859
Re: criminal record?
Dear Les,
Thanks for your response. I wish you could help more with following INFO.
1. It occured in 2005 ( just a month before his VISA expiry date)
2. Yes he admitted in Form 80.
3. He had no work and no money to pay the fine, that is why he left.
4. what do u mean by mitigating cirmcum?
5. Now he is able to pay the fine. is it ok if he pays now?
What are the chances his VISA will refuse for this?
Thanks for your response. I wish you could help more with following INFO.
1. It occured in 2005 ( just a month before his VISA expiry date)
2. Yes he admitted in Form 80.
3. He had no work and no money to pay the fine, that is why he left.
4. what do u mean by mitigating cirmcum?
5. Now he is able to pay the fine. is it ok if he pays now?
What are the chances his VISA will refuse for this?
Jan 25th 2009, 10:00 pm
#17
Reg. Migration Agent
Joined: Jan 2009
Location: Melbourne, Australia
Posts: 319
Re: criminal record?
My apologies for the length of this post, but probably because I'm also legally qualified I'm always reading the legislation (comes in handy when I'm running appeals... 
).
The place to do your homework is in s501 of the Migration Act. The legislation also says "may" not "must" so there is wiggle room in theory but no-one ever got their a*se kicked for rejecting an application.
If I were putting the submission together this is one part of the part of the Act I'd be using:
and this is one of the parts I'd be fighting:
I hope that a careful reading of the above clarifies some of the issues.
).
Thats interesting, (mainly cos in my past life I used to do Subject Access police checks back in the UK!). I don't think we've ever had a definitive answer on here about how bad a sentence would be a bar.
If I were putting the submission together this is one part of the part of the Act I'd be using:
In considering whether a non-citizen is not of good character against subparagraph 501(6)(c)(i), decision-makers should take into consideration the following:
(a) the nature, severity and frequency of the offence/s;
(b) how long ago the offence/s were committed;
(c) the non-citizen’s record since the offence/s were committed, including:
• any evidence of recidivism or continuing association with criminals;
• a pattern of similar offences; and/or
• pattern of continued or blatant disregard/contempt for the law; and
(d) any mitigating circumstances such as may be evident from judges’ comments, parole reports and similar documents.
(a) the nature, severity and frequency of the offence/s;
(b) how long ago the offence/s were committed;
(c) the non-citizen’s record since the offence/s were committed, including:
• any evidence of recidivism or continuing association with criminals;
• a pattern of similar offences; and/or
• pattern of continued or blatant disregard/contempt for the law; and
(d) any mitigating circumstances such as may be evident from judges’ comments, parole reports and similar documents.
7) For the purposes of the character test, a person has a substantial criminal record if:
(a) the person has been sentenced to death; or
(b) the person has been sentenced to imprisonment for life; or
(c) the person has been sentenced to a term of imprisonment of 12 months or more; or
(d) the person has been sentenced to 2 or more terms of imprisonment (whether on one or more occasions), where the total of those terms is 2 years or more; or
(e) the person has been acquitted of an offence on the grounds of unsoundness of mind or insanity, and as a result the person has been detained in a facility or institution.
(a) the person has been sentenced to death; or
(b) the person has been sentenced to imprisonment for life; or
(c) the person has been sentenced to a term of imprisonment of 12 months or more; or
(d) the person has been sentenced to 2 or more terms of imprisonment (whether on one or more occasions), where the total of those terms is 2 years or more; or
(e) the person has been acquitted of an offence on the grounds of unsoundness of mind or insanity, and as a result the person has been detained in a facility or institution.
Jan 25th 2009, 10:15 pm
#18
Reg. Migration Agent
Joined: Jan 2009
Location: Melbourne, Australia
Posts: 319
Re: criminal record?
Dear Les,
Thanks for your response. I wish you could help more with following INFO.
1. It occured in 2005 ( just a month before his VISA expiry date)
2. Yes he admitted in Form 80.
3. He had no work and no money to pay the fine, that is why he left.
4. what do u mean by mitigating cirmcum?
5. Now he is able to pay the fine. is it ok if he pays now?
What are the chances his VISA will refuse for this?
Thanks for your response. I wish you could help more with following INFO.
1. It occured in 2005 ( just a month before his VISA expiry date)
2. Yes he admitted in Form 80.
3. He had no work and no money to pay the fine, that is why he left.
4. what do u mean by mitigating cirmcum?
5. Now he is able to pay the fine. is it ok if he pays now?
What are the chances his VISA will refuse for this?
If I had been advising your friend I would have told him to pay his fine well before he lodged his 175 application so that it didn't look like the only reason he was paying it was because he was lodging another visa application.
What are the chances his VISA will refuse for this?
Now he is able to pay the fine. is it ok if he pays now?
Jan 25th 2009, 11:21 pm
#19
Home and Happy
Joined: Dec 2002
Location: Keep true friends and puppets close, trust no-one else...
Posts: 93,859
Re: criminal record?
My apologies for the length of this post, but probably because I'm also legally qualified I'm always reading the legislation (comes in handy when I'm running appeals... ).
The place to do your homework is in s501 of the Migration Act. The legislation also says "may" not "must" so there is wiggle room in theory but no-one ever got their a*se kicked for rejecting an application.
<<snip>>
I hope that a careful reading of the above clarifies some of the issues.
).The place to do your homework is in s501 of the Migration Act. The legislation also says "may" not "must" so there is wiggle room in theory but no-one ever got their a*se kicked for rejecting an application.
<<snip>>
I hope that a careful reading of the above clarifies some of the issues.
