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What counts as a 'criminal conviction'?


RFV88

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Hi there,

I've submitted a 189 application, ticking 'no' to any criminal convictions (which I believed to be the case), however my police check came back with 'No live trace'. The report I subsequently requested details the offence - when I was 15 I ripped school bus seat with my friends on the way back from school which was reported. This was a 'reprimand'; essentially a juvenile warning. I've written a statement detailing the events and how stupid and out of character this was but I'm worried that they may think I've lied by not classifying it as a conviction and clicking yes.

Would this fall under what Australia deems as a conviction? If so am I going to have a problem with my application having clicked no to this? 

I'd really appreciate any advice.

Cheers,

Ryan 

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Just to close the loop on this in case anyone finds this thread who's in a similar situation...

I received a direct grant for my 189 visa application today 😀. I'm inferring from this that a reprimand is not considered a conviction.

Thanks for your responses. 🙂

Ryan 

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19 hours ago, RFV88 said:

Just to close the loop on this in case anyone finds this thread who's in a similar situation...

I received a direct grant for my 189 visa application today 😀. I'm inferring from this that a reprimand is not considered a conviction.

Thanks for your responses. 🙂

Ryan 

Did you declare it?  If you did, then I would consider that they reviewed the evidence and deemed you were now of good character and did not pose a threat to Australian society lol  People who have convictions do get visa's

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20 minutes ago, ali said:

Did you declare it?  If you did, then I would consider that they reviewed the evidence and deemed you were now of good character and did not pose a threat to Australian society lol  People who have convictions do get visa's

It was not declared as a conviction, as it was not a conviction. But all information was provided on the police check, subject access report, and a statement of events for transparency. 

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3 hours ago, RFV88 said:

It was not declared as a conviction, as it was not a conviction. But all information was provided on the police check, subject access report, and a statement of events for transparency. 

Yes, I saw from a previous post you supplied further evidence when you received the no live trace report.

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Thanks for updating us.. I'm still waiting for our final grant but having a worry as I didn't realise I had a conviction for fare evasion, due to expire this month. It was a shock when I had the police check back! 

I've written a statement as well and provided the subject access disclosure so hoping they won't consider me a threat 🤞 

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11 minutes ago, Vicky87 said:

Thanks for updating us.. I'm still waiting for our final grant but having a worry as I didn't realise I had a conviction for fare evasion, due to expire this month. It was a shock when I had the police check back! 

I've written a statement as well and provided the subject access disclosure so hoping they won't consider me a threat 🤞 

Fare evasion doesn't normally go to court here and result in a conviction unless you fail to pay the fine. 

People who refuse to pay speeding and parking fines can end up in jail eventually if they keep racking up fines and not paying.

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On 01/02/2019 at 03:26, RFV88 said:

Just to close the loop on this in case anyone finds this thread who's in a similar situation...

I received a direct grant for my 189 visa application today 😀. I'm inferring from this that a reprimand is not considered a conviction.

Thanks for your responses. 🙂

Ryan 

Congratulations! That was quick tho right? Does this mean the 6-8 month processing time they state is not to be taken as gospel!? 

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9 hours ago, Burnsie said:

Congratulations! That was quick tho right? Does this mean the 6-8 month processing time they state is not to be taken as gospel!? 

Hey. It’s roughly around 90 days for first CO contact at the moment. If everything’s ready it could be granted then. I think the average is 8-9 months as that includes COs going back and forth with applications for further information etc.

Bear in mind though I was onshore so the date of first entry wasn’t an issue. I think the date of police checks may impact this so something to consider.  

Good luck! 🤞

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