NSW Permanent Resident with Assault - Eligible for Australian Citizenship?

Discussion in 'Immigration Law Forum' started by Hanns, 18 September 2019.

  1. Hanns

    Hanns Member

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    9 years ago, I was convicted with common assault $1,200 fine with 1 yr good behaviour bond.

    With all the new good behaviour requirements going through parliament at the moment (offence with 2 yrs max sentence but of course not applicable here) can I be subject to cancellation of my permanent visa? Permanent since 1980.

    Would I still be eligible for Australian citizenship, being over 65 and the above conviction?
     
  2. Auslive

    Auslive Member

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    Hi Hanns,

    Sorry to break the bad news to you.

    The introduced bill captured anyone who broke a law which attracts maximum 2 years jail sentence, even if you have not been to jail.

    Common assault carries a maximum jail term of 2 years.

    Did you have a conviction record?

    And it is retrospective, which means even if you broke the law 5/ 10/ 15/ 20 years ago, you will still fail the Character test.

    It is then up to the minister to decide if you can stay/ to be deported.

    It has passed the lower house and it will be debated in the Senate in October 2019.

    The only senate who would likely to determine the outcome of this bill is Senator Jackie Lambie.

    I broke the law over 10 years ago with no conviction record, but the sentence carried maximum 2 years jail term too.

    This has been a very stressful time for me and my family.

    I have been law bidding since that horrible mistake.

    I don't even have a traffic offence since.
     
  3. Hanns

    Hanns Member

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    Yes, it seems just incredible and draconic.

    Does this now mean that tens of thousands families have this stress? Is there anything anyone can do?

    My family also suffers from all this, I am 66 years old, arrived in 1980, one conviction achieved as a plea bargain to keep my drivers licence then. Organised by a duty court lawyer saying that just plead guilty to this so you keep your licence, it is only the mildest conviction. I did not do it.

    Will tens of thousands be deported after this?

    Is there anything we can do?
     
  4. Auslive

    Auslive Member

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    Yes Hanns.

    But I am not sure many are aware of this proposed bill.

    I was told to plead guilty by the court lawyer to increase my chance of not having conviction record even when there were grey areas.

    Most of the submissions to the Senate committee warned that this bill could potentially impact tens of thousands of visa holders,
    so you are not alone there.

    I don't think your length of time living in Australia matter much. There are cases where someone who lived in Australia most of their life were deported after they failed the Character test.

    The only saving grace is it is not automatic cancellation of visa.

    It is up to the Minister/ delegates to decide whether you leave/ stay.

    The only chance is if the majority of the Senate vote against the bill.

    And the crucial vote will be from Senator Jackie Lambie.
     
    #4 Auslive, 1 October 2019
    Last edited: 1 October 2019
  5. Auslive

    Auslive Member

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    Coalition woos Jacqui Lambie to back migration character test crackdown
     
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