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Draft Statutory Declaration re. Criminal Record. is this right, opinions and comments please.


pmf1977

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Does seem odd though that you wouldn't ask your wife whether she had left the rings at home before putting in an insurance claim.

Surely any reasonable person would ask and confirm they were stolen prior to putting in a claim.

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The Australian immigration website states a substantial criminal record as a person who has been:

 

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

 

 

Maybe it is open to interpretation but I have not been sentenced to a term of 12 months. I was sentenced to a term of 8 months for one offence and a term of 4 months for the other offence.

The second statement covers more than one term but the total is 2 years, the two terms on my record do not total or exceed 2 years.

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That said, I entered a guilty plea and as a result and it has led me to the situation I am now in.

Exactly.

 

So you need to arrive at a simple story that makes sense. As far as DIBP is concerned, if you were found guilty then you are guilty. You were sentenced to jail so they are expecting a story in which you did something seriously wrong - not one in which you are the victim. Plus, since you entered a guilty plea, if you protest your innocence you simply admit perverting the course of justice.

 

Now, plenty of people have done wrong things in the past. Your problem is that you can't pass this off as being a youthful mistake, a long time ago - this happened shortly after you applied for a visa. Therefore, I can't see any option but to go for extreme remorse and begging on bended knee. I think you need some strong professional advice on how to do this - and GBP420 looks very light for what you need.

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The Australian immigration website states a substantial criminal record as a person who has been:

 

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

 

 

Maybe it is open to interpretation but I have not been sentenced to a term of 12 months. I was sentenced to a term of 8 months for one offence and a term of 4 months for the other offence.

The second statement covers more than one term but the total is 2 years, the two terms on my record do not total or exceed 2 years.

Yes - you won't get got under the substantial criminal record but you may fall foul of the past and present criminal conduct or past and present general conduct. Or the substantial risk that you would engage in crime whilst n Australia. That's because you committed an offence for which you were sentenced to imprisonment after you applied for the visa and don't seem to have even told DIBP about it.

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I would get help if it was me. At the end of be day you pled guilty to a serious crime, it looks as if you haven't previously informed the department and now your are trying to somewhat cover your tracks.

Let the professionals help you, you don't want to let your dream sli away for £400 odd.

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It is not that I can't afford it but I had a motorcycle accident end of October last year and could not work for three months so at the moment spare cash is limited. I will be receiving at least £16k compensation from my accident and as I stated previously I also have 4 rental properties.

I have equity in my house and the money I make from the rentals will fund us while we get settled in Australia.

Also it was £ not $

 

Why the heck are you trying to get help from people that are not qualified to help you when you can clearly afford professional help. Why are you moaning about the fee. Need to wake up mate!

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The police point of view was why would I ask my wife to leave the rings at home when she was going away on a girls holiday. Basically suggesting if my wife wanted to be unfaithful, wearing the rings would somehow stop her from doingso.

(Believeme that is one of the less dodgy circumstances / coincidences in the case.)

You are asking for advice but seem to be withholding information so it will be hard for people to give you correct advice.

If there are more coincidences if it was me I would just admit to what happened and apologize for my actions.

If I was innocentI would not plead guilty and would fight the case.

However taking unknown coincidences into consideration.If I did plead guilty it would mean I was guilty and I could not try to claim otherwise

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It is not that I can't afford it but I had a motorcycle accident end of October last year and could not work for three months so at the moment spare cash is limited. I will be receiving at least £16k compensation from my accident...

Well that looks like good timing. You can use this insurance payout to get advice about how to explain your previous insurance fraud.

 

I believe you can also make a good living by tripping over loose paving stones.

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Paul you have been given good advice by numerous folk on here and they all point to a RMA. You keep pleading your innosense and this wont wash with the australian immi folk, you were found guilty in a court of law. Pay the dosh and be done with it, as the thread go's on you are digging a deeper hole and you appear to be unable to take sound advice. cheers Ned

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you obviously didn't read my second statutory declaration then

We have all read your second attempt. I'm afraid it doesn't make you look good and we have tried to tell you that nicely. Whether we believe in your innocence is irrelevant - what matters is how you present your situation to DIBP. It is clear that you have no idea about how you come across (based on your statements and other posts) and that's why you should talk to a professional who might be able to help you.

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Go Matilda want £420 minimum house as I am not a client of theirs even though all I want them to do is to look at my police certificate and advise me on the wording of the stat. dec. seems an awful lot of money for what is probably only going to be an hours work.

 

 

Hello Paul.

 

For reference: publishing details of our proposed fee on an open forum based on a private exchange of emails is unwelcome.

 

Best regards.

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Go Matilda want £420 minimum house as I am not a client of theirs even though all I want them to do is to look at my police certificate and advise me on the wording of the stat. dec. seems an awful lot of money for what is probably only going to be an hours work.

Hello Paul.

 

For reference: publishing details of our proposed fee on an open forum based on a private exchange of emails is unwelcome.

 

Best regards.

Any thoughts on the 'hour's work' Paul mentions? I'm seeing much more than an hour's work in trying to get to the bottom of this and pull it into any acceptable shape.

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Any thoughts on the 'hour's work' Paul mentions? I'm seeing much more than an hour's work in trying to get to the bottom of this and pull it into any acceptable shape.

 

Hi Quinkla.

 

Even if it does take an hour it has taken many years of training, experience, and ongoing professional development to get to a point where it "only" takes an hour to deal with the matter.

 

Best regards.

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