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pmf1977

Advice on Statutory declaration with details of offences Criminal Record / Police Certificate

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sorry that i have no advice, but just wish you good luck in your application!


Vetassess document delivered/acknowledged: 12 Oct/25 Oct 2013 :notworthy:

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I'm not speaking from experience, simply from an observer's perspective.

 

I'd try to avoid the perspective of "I didn't do it, I just plead guilty because I was being framed and I wanted it to go away". I realise the circumstances somewhat got out of your control, but I just don't think that perspective will go as far with DIBP. From other threads I've read regarding criminal convictions, DIBP is basically looking for you to admit you did something wrong, what you learned from it, and why you aren't any possible risk of re-offending. So I'd suggest you re-word it to give more of that perspective, perhaps more of a "I didn't think about the fact that what I was doing could be taken as an illegal act, I've since learned to be more careful to understand the implications of what I'm doing so that I don't risk doing something illegal". This may be easier with the first offense vs. the second.

 

For the second, I think you can say that you didn't commit the acts they charged you with, but that you weren't able to provide sufficient evidence to prove your innocence. I'd avoid statements like "This only seemed to make the police more determined to find evidence that supported their case against me." and "Looking back I feel I was pushed in to entering a guilty plea to save money and make statistics look good." I think it would be fine to say you chose to plead guilty in order to end the stress this was causing your family and the strain it was putting on your marriage.

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You could have a problem.

 

Sentences that total 2 years or more in jail (whether served or not) will result in you failing the character test on the grounds of a substantial criminal record. Your sentences add up to 12 months but the fact that you committed the offences whilst your visa application was being processed mean you might well fail on the basis of past and present criminal behaviour or the significant risk that the applicant would engage in criminal behavious whilst in Australia - after all, if a person engages in criminal behaviour after they have applied to emigrate, there is no reason to think they would not engage in criminal behaviour once they have actually emigrated.

 

Do not protest your innocence, especially since you chose to plead guilty. That would just imply you were also guilty of perjury and a further dose of perverting the course of justice. It wouldn't be helpful to your cause.

 

You should consider engaging a registered migration agent who specialises in criminal records. If he or she considers it worthwhile pursuing the case, you can expect to pay a substantial fee for his or her services.

Edited by Quinkla

Feb 2010 Prospective Marriage Visa | Nov 2010 Temporary Partner Visa | Nov 2012 Permanent Partner Visa | Jan 2015 Australian Citizenship

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Did you mention these offences on your application form?

He couldn't mention the last two offences as he hadn't committed them yet.


Feb 2010 Prospective Marriage Visa | Nov 2010 Temporary Partner Visa | Nov 2012 Permanent Partner Visa | Jan 2015 Australian Citizenship

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[h=1]got this from the embassy website I would have agree with quinkla consider engaging a registered migration agent who specialises in criminal records .

 

Fact Sheet 79 - The Character Requirement[/h] In this Fact Sheet:

 

 

 

 

Everyone who wishes to enter or stay in Australia must satisfy the character requirement as set out in Section 501 of the Migration Act 1958 (the Act). This includes all non-citizens, sponsors of visa applicants and non-migrating family members seeking to enter or stay in Australia.

Entering or remaining in Australia is a privilege, and it is expected that non-citizens are, and have been, law-abiding. Visa holders must also continue to satisfy the character requirement.

Irrespective of which visa you apply for, you must advise the department if you have any criminal convictions inside or outside of Australia, and you may be asked to provide police certificates as part of your assessment against the character test. If you do not inform the department of your criminal history, your visa application may be refused or your visa cancelled.

The Minister for Immigration and Border Protection and the department have the power to refuse or cancel a visa on the basis that a person does not pass the character test. This power is discretionary, so if you do not pass the character test, it does not necessarily mean that your visa will be cancelled or refused.

Decisions to cancel or refuse visas on the basis of the character test are made after full consideration of all the circumstances of a case. As part of this process, visa holders and visa applicants are given an opportunity to respond to information that the department will use to decide whether or not to cancel or refuse their visa.

[h=2]The character test[/h]A person will not pass the character test where:

 

 

  • they have a substantial criminal record
  • they have been convicted of any offence that was committed while in immigration detention, during an escape from immigration detention, during a period where a person escaped from immigration detention, or if the person has been convicted of the offence of escaping from immigration detention
  • they have, or have had, an association with an individual, group or organisation suspected of having been, or being, involved in criminal conduct
  • having regard to the person's past and present criminal conduct, the person is found not to be of good character
  • having regard to the person's past and present general conduct, the person is found to be not of good character
  • there is a significant risk that the person will engage in criminal conduct in Australia; or harass, molest, intimidate or stalk another person in Australia; or vilify a segment of the Australian community; or incite discord in the Australian community or in a segment of that community; or represent a danger to the Australian community or to a segment of that community.

 

See: Fact Sheet 78 - Controversial Visa Applicants

[h=2]Substantial criminal record[/h]A substantial criminal record is based on the length of a sentence imposed by a court of law, rather than the time actually spent in prison.

For the purpose of the character test, a person is deemed to have a substantial criminal record if they have been:

 

 

  • sentenced to death or life imprisonment
  • sentenced to a term of imprisonment of 12 months or more
  • sentenced to two or more terms of imprisonment (whether on one or more occasions), where the total of those terms is two years or more
  • acquitted of an offence on the grounds of either unsoundness of mind or insanity and, as a result, the person has been detained in a facility or institution.

 

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You need to speak to a registered migration agent - I believe overseas emigration have been suggested by others before when there is character issues.

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