ACT Citizenship and section 10

Discussion in 'Immigration Law Forum' started by mohamed, 1 August 2018.

  1. mohamed

    mohamed Member

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    Hi guys, I have a question and really would appreciate your input

    3 years ago, I came before the Magistrates Court of Canberra ACT for a drink driving matter. The outcome was applying section 10 and I quote "The court did, without proceeding to a convection..." end of quote. I went on 1 year good behavior bond (I never breached it), without having a criminal record. I just had a look at the citizenship application and I am confused about answering the following question: "Have you been convicted of, or found guilty of, ANY offences overseas or in Australia (include all traffic offences which went to court, including offences declared in your permanent residence application, and any ‘spent’ convictions)".
    I am not sure if I should answer it with Yes or no given the fact that:
    1- The magistrate applied section 10 to my case
    2- I never breached my bond
    3- I have no criminal record
    4- That matter was more than 3 years ago in Canberra and according to the spent conviction act 2000, part 3 section 16 "If a conviction of a person is spent, the person is not required to disclose information about the spent convection to anyone".

    Thanks
     
  2. Owais

    Owais Lawyer
    LawTap Verified Lawyer

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    Hi Mike2015, it is best to disclose that you had a drink driving matter and that you were given a s10 good behaviour bond. Section 10 is granted when someone has pleaded guilty to an offence instead of getting a fine or sentence, that individual has requested for a s10 good behaviour bond.

    Let me know if you need assistance with your Citizenship application.

    Regards
    Owais
     
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  3. Adam1user

    Adam1user Well-Known Member

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    I doubt that will you need to answer by disclosing as the probation period had ended and you complied fully with the requirements conditions of section 10. I maybe wrong, I am sure someone will correct me if I am.
    The other way to get a better answer is either talk to an immigration lawyer or get a criminal check for yourself and see what is written on it.
     
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