NSW Rrv . Wasn't aware that have to declare a breach of avo in previous application as there was no jail sentence . Forgot to mention criminal history

[vlftonym]

Hi I am a permanent resident of Australia from 2012 . I didn't have any criminal history but in 2016 I went to court for a breach of dvo . There was no violence involved . It was just breached due to a text message . The judgement given by court was without proceeding to conviction good behaviour bond and I got told it's finished or suspended .

In 2018 I renewed my rrv and in the section where it says "have you ever convicted of any offence or being to jail I selected no .

I thought I didn't get convicted or went to jail so I selected no . I did the same on the incoming passenger card in 2018 and then 2019 when I left and came back from overseas .

In 2019 I got charged for a minor stealing offence from a work place . I pleaded guilty . Judge fined me and I paid fine .

This time I knew I committed offence and got the sentence of CCO and 250$ .


My concern is now I need to renew my rrv . I selected "have you ever convicted of a crime in Australia" which I selected "yes ".


How do I prove it or tell the immigration that last application I made a honest mistake .

After that 2019 stealing charge I have been working as a manager at different venues and have very strong character references .

Will my rrv be cancelled due to the previous application of making a mistake to declare criminal history .

 

[BlueJayDee]

This is not legal advice, and I'm not sure of the state you live in, but if you did live in NSW you should be checking your previous court documents you received as it sounds like you were given a CRO (conditional release order) under s10(1)(b).

If no conviction was recorded and the bond period or adjourned proceedings have finished without further offending (how long was the GBB set for?), then there was no conviction recorded, and as such your criminal record would not return with anything (after your bond period, and before your 2019 conviction)

If it was dealt with under s10 in nsw, or s8 discretion s75 in victoria (s75 adjourned undertaking no conviction), then you were correct in selecting no on your RRV and incoming passenger card.

If you go to https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/character it states specifically what you must declare, it says:

• declare all criminal conduct you have been:
  • charged with that is awaiting legal action in any country (This is because the finding of guilt may show up as a disclosable court outcome on a police check during the bond period (i.e. whilst your good behaviour bond was in effect)
  • convicted of in any country

Please go check your court paperwork, check whether the judge specifically made a non-conviction order under s10 (NSW) and s8 (VIC) or if you're in another state, that state's specific sentencing act if they have the discretion to make a non conviction order. If they made that order, and your good behaviour bond ended before your stealing charge and CCO and fine, you did not make a mistake.

Now that you have received a CCO, and almost certainly received a conviction, then yes is the correct answer to those question on the RRV application.

You will have the opportunity to discuss the conviction and crime. As you were not sent to jail, you don't meet the mandatory cancellation requirement under the character test. Since a CCO and fine are non-custodial sentences, any decision to cancel or refuse an RRV remains at the discretion of the Department of Home Affairs.

Failure to disclose is often treated as deception (under PIC 4020) and is a frequent cause for automatic visa refusal or bans.

To strengthen an RRV application after a conviction, you should prove good character, and provide:

• Evidence of rehabilitation (e.g., completion of the CCO).
• Character references from community leaders or employers.
• A personal statement explaining the mitigating circumstances.