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PS4

Citizenship declaration question

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When I was a student in Melbourne, Victoria. A few friends & I did a shoplifting dare & we were caught. It was only a $2 choc bar. It was the first & last time I did any such thing. We were issued on-the-spot fine which we paid right away.

Question: Do I need to declare this in my citizenship application ?

Has the applicant been convicted of, or found guilty of, any offences overseas or in Australia (include all traffic offences which went to court, including offences declared in your permanent residence application, and any 'spent' convictions)?

According to https://www.legalaid.vic.gov.au/find-legal-answers/criminal-offences/theft-and-property-damage

ON THE SPOT FINE:

Payment of the fine will not be seen as admission of guilt and no conviction will be recorded.

As there was no conviction and no admission of guilt in this case, do I need to declare it ?

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Thanks a lot for the response wrussell. Could you please explain why though ?

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Because it will still appear on the record. In the UK, we have police cautions. These are a formal warning that have no penalty. They still appear. 

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It didn’t come up in the police check. I applied for police check when I applied for PR. 

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Really it comes down to is it worth the risk of not declaring. You declare, it's a minor offence and unlikely to affect your application, you don't declare they find out worse case, they assume you deliberately hid the information (and you've ticked a declaration) you don't get your visa.

It's ultimately your decision, but make it being aware of the potential consequences. 

 

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6 hours ago, PS4 said:

It didn’t come up in the police check. I applied for police check when I applied for PR. 

When you apply for citizenship the Immi Dept do the police check themselves. It may well come to light then as they may well check in ire depth than just he standard police check, especially these days when character issues are such a major priority for them.

If it does come to light then not declaring it makes you look dishonest straight away.

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Posted (edited)

Thank you everyone for you responses. I understand this is in my best interest to declare it. However,

Has the applicant been convicted of, or found guilty of, any offences overseas or in Australia (include all traffic offences which went to court, including offences declared in your permanent residence application, and any 'spent' convictions)?

The question asks clearly if the person has been convicted or found guilty of any offenses, in my case both are not true. So, shouldn't the answer be NO which is the correct answer ? how can this be seen as dishonesty ? or I am hiding anything as I am answering the question correctly ?

 

Edited by PS4

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Some people cannot accept advice that conflicts with their opinions.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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I have accepted the advice, apologies if it seemed other way. I am just trying to understand the question.

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I assume the fact that you were issued a spot fine = found guilty even if you didn't admit to being guilty.

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I think I would go ahead and declare it anyway, it occurred like 8 years ago when I was a teenager and nothing of that matter has ever happened again.

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