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VIC Will Assault Charges on Criminal Record Affect My Visa Application?

Discussion in 'Immigration Law Forum' started by DesertStorm1, 17 November 2015.

  1. DesertStorm1

    DesertStorm1 Member

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    Hi, I am an international student in Australia on a student visa. I am to apply for an English visa to travel and I was involved in a very unfortunate drunk fight incident where I was found guilty for charges of drunk and disorderly and assault, last year. I had a corrections order for 6 months, 50 hours which I completed and I am finally done with this business. However, I am wondering if I have to disclose all of this as I am applying from Sri Lanka. And I am aware that any findings of guilt will show up in a criminal record check by visa authorities as this is Victoria and there is no concept of spent non-convictions?

    So my questions are, will I be denied visa when I disclose, and would they take into account that this was a one-off incident? My future permanent residency applications in this country? How it will be affected, and basically how bad is my situation?

    P.S. I am a nice person (LOL). Irrespective of what's happened, I have and am able to provide character references from my tutors.They were quite shocked about what's happened from university too. Do help me out if anyone can. I would not be able to thank you enough.
     
    Louise4007 likes this.
  2. Louise4007

    Louise4007 Well-Known Member

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    Hi DesertStorm

    The Victorian police database retains a record of criminal convictions which may be disclosed on request for the purposes of obtaining an Australian visa except where a finding of not guilty was established, a diversion was undertaken & completed & all conditions were abided by.

    Applications for visas consider a 'character test' under section 501 (6) Migration Act 1958 & an application will fail if the applicant has a 'substantial criminal record ' which includes a sentence of death, life imprisonment, more than 2 years imprisonment or more than 1 term of 2 years imprisonment in any country or an acquittal of an offence due to reasons of insanity/unsoundness of mind & detained in an institution.

    The 'character test' will also fail if the applicant is shown to be associated with a group reasonably suspected of involvement in criminal activity or if the applicant is otherwise not of good character which might be demonstrated by past criminal conduct or assessment of a significant risk that a further commission of a crime exists or that a threat of harassment, stalking, intimidation or racist activities against another person exists.

    An applicant has a right to appeal a refusal of a visa application except in circumstances where the visa was refused on National interest grounds (suspected terrorist activities etc).

    Disclaimer
    Information is not intended to be professional or expert legal advice & should not be use as a basis for financial, legal or other decisions or the formation of a professional/client relationship between the correspondents. Accountability & responsibility is on the user/reader in making any decisions based on the information provided.
     

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