NSW Travel advice

[pk87]

Would border force check person alert list(PAL) for departing non Australian citizens? When do someone end up on that list? Soon as they are charged with an offence or after the court trial? Can they stop someone not australian trying to flee if they are on the bail?

 

[Tim W]

Is it you, or somebody else?
If not you, have they already left?
Are they actually on court imposed bail, or just received a CAN?

 

[pk87]

Hi Tim,

I'm posting for myself. Charged with offence (theft). Arrested and released on bail with conditions not to enter international departure points. I'm not Australian citizen. My court date is in July. Am I allowed to leave and comeback if I'm ready to face any consequences on my return?

Thanks

 

[Tim W]

No, you're not allowed to leave.
Your nationality is irrelevant - while here, you are subject to the law of Australia, no matter who you are.

Leaving (or trying to leave) will be a breach of your bail conditons, and can be a separate, further offence.
In your case, even actually going to the airport (even groundside) could be a breach.

If (when) you are stopped at the airport (or dock, or wherever), trying to leave,
then you face arrest. You will then be put back before the court,where,
at the very, very least, you can expect your bail conditions to be varied
to include surrendering your passport.
At worst, you will be looking at the very real prospect of your bail being revoked
and going into full time custody until your court date.

Stay in Australia, and turn up to court.

 

[pk87]

Thanks Tim.

The problem is I'm on a temporary visa which expires before my court date. What happens if I overstay my visa to attend court?

 

[Tim W]

You can apply for a class of visa that will let you stay pending court.
You need the advice of a lawyer who is also a Registered Migration Agent.

 

[pk87]

Is it something that I have to apply? I heard that police had to apply for CJV on behalf of me

 

[Tim W]

You may have heard about a CJC, which is the precursor document.
For case specific advice, as I said above, you need to engage a solicitor who is also an RMA