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VIC Caught by Police for Attempted Theft - Student Visa Canceled?

Discussion in 'Immigration Law Forum' started by Amy McPherson, 26 June 2015.

  1. Amy McPherson

    Amy McPherson New Member

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    I am just wondering if I will have my student visa canceled? As I attempted to steal (theft) a street sign in Melbourne's CBD as a decoration for my bedroom, the police caught me as I was fleeing from the scene after I decided it was too risky and not worth stealing. They caught me with a tool kit and thought I was attempting to rob cars/ the building site on the street.

    I have to appear in court in a few months and I am just wondering if my student visa will be canceled? I am undertaking my masters in Melbourne. I am from Canada and holding a student visa.
     
  2. Rod

    Rod Well-Known Member

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    Have you received your court summons? If yes, check the actual offence you have been charged with.

    Next step is check the conditions on your student visa. See what the Visa conditions say about offences and Visa cancellation.

    Looks like you're learning a valuable life lesson, just not one you expected in Australia :)
     
  3. Tim W

    Tim W Lawyer

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    Cancellation of your visa is not a penalty that the court can impose.

    That said, if you are convicted of something, then that can lead to
    your visa being cancelled by the Department of Immigration and Border Protection.
    This would/could be because you may no longer meet the visa condition that you be of good character.
    It depends on what the charge is, what the (theoretical maximum) penalty is,
    and the conditions of your visa.

    And no, you won't be able to conceal it from the Department.

    Perhaps see if your University has a Student Legal Service, and if they do, then speak to them.
     

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