Jump to content

You're currently viewing the forum as a Guest
register-now-button_orig.png
and join in with discussions   
ask migration questions
message other members

..and much much more!

ImtiazM60

Is this somewhat bad news, or compassionate pardoning?

Recommended Posts

Hi. I lodged my state nomination visa application for ACT 190, sometime in mid August of last year. 

It's been roughly 14 months since I lodged my application, and then I received an email from case officer yesterday and have also attached a copy of it. 

Can somebody sensibly elaborate or tell me what this letter really means and if anything is leading positively towards a success?

I was under a mental health psychiatric treatment about 5 years ago and the diagnosis of the treatment , which was doubtful eventually lead to the treatment being revoked/file closed about 2 years back. 

Maybe that was the cause of some attention.

 

Extract from section 501 of the Migration Act 1958.PDF

Share this post


Link to post
Share on other sites

I am unable to give advice or information on your query, I just wanted to say that the letter you have attached contains a LOT of personal information (name, address, date of birth, email address) and it might be advisable to upload a new attachment with this information hidden/redacted

  • Like 1

:evilface_frowning_s

Share this post


Link to post
Share on other sites

I have removed the letter to protect your identity. 

  • Like 1

If you are depressed you are living in the past. If you are anxious you are living in the future. If you are at peace you are living in the present.

Share this post


Link to post
Share on other sites

As the letter has now been removed it is hard to know what immigration are saying. Maybe you could give us the main point of the letter without so much personal details. Looks like they are questioning your criminal record? If you were detained under the mental health act then that could be it. Have they asked for further information or clarification?

 


So many wineries ......so little time :yes:

Share this post


Link to post
Share on other sites

Dear S M Imtiaz MANNAN

FORMAL ADVICE LETTER
I am writing about your application for a Skilled - Nominated (Class SN) visa which is being
considered by the Department of Home Affairs office at in South Australia.
It has come to the department’s attention that you may not pass the Character Test
embodied in Australia’s migration law, because of your character.
Each visa applicant must satisfy certain character requirements before they can be granted
a visa to enter or remain in Australia. Section 501 of the Migration Act 1958 (the Act) details
certain conduct which may cause an applicant to fail this provision and therefore be refused
entry or stay in Australia. Subsection 501(1) of the Act states that the Minister may refuse to
grant a visa to a person who does not satisfy the Minister that he or she passes the character
test.


The character test is defined at subsection 501(6) of the Act. There are a number of different
ways, in which a person may not meet the character test. A copy of relevant parts of section
501 of the Act is attached for your information. It is strongly recommended that you read this
document carefully.


On this occasion your application for a Skilled - Nominated (Class SN) visa will not be
refused under section 501 of the Act. The application will continue to be assessed by the
Department of Home Affairs office at in South Australia.


However you are warned that if you engage in any future conduct that brings you within the
scope of section 501, cancellation of any visa that you hold and/or refusal of any future visa
applications may then be considered and if so, the fact of this warning may weigh heavily
against you.


It is also important to note that if you ever make a future application for a visa for Australia
or Australian citizenship, or complete an Incoming Passenger Card when entering Australia,
you are required by law to disclose all criminal convictions. The consequences of failing to
disclose convictions are serious and might include:
✃ refusal of entry to Australia;
✃ refusal of citizenship;
✃ visa cancellation;
✃ removal from Australia; and
✃ criminal prosecution.
Client service information
We value your compliments, complaints and suggestions. Your compliments let us know
where we are performing well and your complaints help us improve our services.
Further information on our client service charter and how to make a compliment, complaint
or suggestion is available on our website www.homeaffairs.gov.au/about/contact/providefeedback
Yours sincerely

Share this post


Link to post
Share on other sites

No, I don't have any criminal records of convictions - for in that case it would be unjust and I would earnestly dispute the matter.

 

I was under some mental health treatment and a history of hospitalization due to some personal family issues that evolved to something more concerning in the community. Nonetheless, the diagnosis of paranoia schizophrenia and formal advice to detach from my parents due to domestic violence and their own mental health issues was generally the best remedy of treatment.

Nonetheless, the character testing became considerable upon those medical health basis.

 

I obviously have been quite busy for the past 6 years with study and internship programs, and friends since my last hospitalization roughly 6 years ago.

Edited by ImtiazM60
spelling and some small errors

Share this post


Link to post
Share on other sites

I wonder if someone has reported something to immigration?  I would run this past a good RMA for a full interpretation. You would need to discuss your past issues with them and be prepared to pay for their time and advice. Not really something you should be going into in detail on a public forum really. 

 

  • Like 1

So many wineries ......so little time :yes:

Share this post


Link to post
Share on other sites

Yea. I guess maybe it wasn't appropriate to post these questions here. I thought generally they may have some expert agents that may provide some generous insightful advice or info according to their past clients. 

Share this post


Link to post
Share on other sites
3 hours ago, ImtiazM60 said:

No, I don't have any criminal records of convictions - for in that case it would be unjust and I would earnestly dispute the matter.

 

I was under some mental health treatment and a history of hospitalization due to some personal family issues that evolved to something more concerning in the community. Nonetheless, the diagnosis of paranoia schizophrenia and formal advice to detach from my parents due to domestic violence and their own mental health issues was generally the best remedy of treatment.

Nonetheless, the character testing became considerable upon those medical health basis.

 

I obviously have been quite busy for the past 6 years with study and internship programs, and friends since my last hospitalization roughly 6 years ago.

I am obviously guessing wildly but the phrase formal advice to detach from my parents due to domestic violence rings alarm bells.......

Share this post


Link to post
Share on other sites

Everyone could read it different, maybe @wrussell @Raul Senise May be able to advise as they are registered agents.

Personally I read it that you applied for the visa but they found something or someone reported you which would affect the character test of your application. Although it states that it wouldn’t be refused on this occasion because of what they did find. However, if you ever end up in the same situation again they state they may cancel your visa.

I am NOT a Migration Agent but I would take this as a positive letter as long as you remain of good character in the future. Fingers crossed you receive your visa in the future.


If you are depressed you are living in the past. If you are anxious you are living in the future. If you are at peace you are living in the present.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×