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Charged with any offence that is currently awaiting legal action


rohankappor

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Hi,my case is complicated but I will try to explain.In Jan 2016 my twin brother apply for student visa Subclass 573 student visa ,but on 15 Feb he received a mailed from immigration that he may fail to satisfy PIC 4020(1) because "stated “No” at Question 93, of your visa application form 157A especially the ones that state : “ Have you or any member of your family unit included in this application ever – been charged with any offence that is currently awaiting legal action” and/or “been convicted of an offence in any country ( including any conviction which is now removed from official records )?”"

 

and we were in shock what happened there then we recall that my elder brother(Australia citizen) have divorce case in which his wife put a false allegation in our family which was almost ready to settle in Feb.We belive that we that case was over on 4th January when divorce was granted by lower court but according to Indian court the last third hearing should be in high court then FIR against family will be removed and that high court date was 24th Feb:sad:

 

So,we know that we done a huge mistake by not reading the question properly,then we successfully withdraw the file from embassy.

 

Now this was passed now currently ,unfortunately that case was not completed on 24th Feb the judge gave a date of 14 July 2016.Now I am going to apply for student visa in may or June for August intake ,we are trying over best to solve this case in May itself by going to supreme court ,but if by luck we are not going to solve this in May it going to solve in 14July in high court

 

So,I just want to know if my case(FIR) was removed so still can I apply for visa by ticking YES? and giving all required document or I have to wait till FIR will be removed

 

please help me:embarrassed:

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Guest The Pom Queen

Welcome to the forum. I think you need a really good migration agent to help with this. It will cost you money but it's better than being rejected again. If they don't think you have a case they will let you know and save any further stress. Have a chat with @Raul Senise

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No, visa has been rejected to me nor to my twin brother.I just want to know if in may if I am not able to remove charges then it will remove in July which will be removed because other party has signed the MU(mutual understating) according to which when we give the third installment of money for divorce in higher court she have to remove the charges us ,and charges against us are domestic violence and demanding dowry ,Can I file visa by ticking YES been charged with any offence that is currently awaiting legal action column is visa form ? or have to wait till court remove that charges

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Guest Priscilla101

Who is Included on the application? If it's just you and you weren't the one with the allegation raised then the answer to the question is no. It's only if they are emigrating on your visa

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