NSW Charged with criminal assault while on work visa

Discussion in 'Criminal Law Forum' started by blacknite, 30 April 2017.

  1. blacknite

    blacknite Well-Known Member

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    Hey guys,

    A friend of mine got charged with common assault for assaulting his room mate, room mate was physically injured though he had his fingerprints on his neck initially which he took as a pic and showed to cops. Now friend is here on 457 visa.

    He is very worried about this options and impact on his work. Would appreciate if someone can advise what shall he do to get away from this without any imprisonment or impact on his work. He is OK to pay financial penalty if needed.

    PS : Background of situation is that other guy who complained was harassing and provoking him for last 30 days and was moving his stuff from common area without my friend's permission.

    PPS : He got bail last night through a pvt solicitor. Other question is, As he was on work visa was his company where he was working obliged to arrange legal help for him? As far as I know help never arrived from place where he worked.
     
  2. Tim W

    Tim W Lawyer
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    Your friend is in a mountain of trouble.

    Depending on exactly which charge it is, and whether or not there is a conviction recorded, then his visa may be cancelled immediately.

    More likely however, is that DIAC will send the visa holder a Notice Of Intention To Cancel Cancellation.
    This letter is the opportunity for the visa holder to try and persuade the department that they should not be deported.
    Have a read of this.

    Your friend is obliged to inform DIAC of being charged, and then later, of any outcome.
    Failing to do so can be a separate offence, for which his visa can be cancelled anyway.

    And no, his employer has no obligation whatsoever to provide him with legal assistance.
     
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  3. blacknite

    blacknite Well-Known Member

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    Thanks Tim. As far as I know he has not been interviewed so I think conviction has not been recorded.
     
  4. Tim W

    Tim W Lawyer
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    A conviction is an outcome of a trial.
    If he's been charged, then he's probably on bail awaiting trial?
     
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  5. blacknite

    blacknite Well-Known Member

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    Thats correct. He is out on bail.
    Is there an option that saves his job/visa ?
     
  6. Tim W

    Tim W Lawyer
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    Your friend needs a lawyer.
    And I mean a privately engaged one - not somebody at the local CLC,
    and not some guy off some website.
     
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  7. Borderguy

    Borderguy Member

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    That 457 visa has been abused , companies were supposed to exhaust all avenues to employ Australians before getting four fivers in . I was on projects loaded with em and I knew Australian tradesman that couldn't get a start , ridiculous . My opinion , if you come to Australia and break the law , free ticket home and don't come back . That way we get to keep our jobs and my fellow Australians don't have to put up with ungrateful clowns assaulting them .
     
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