Lambert Posted November 19, 2019 Share Posted November 19, 2019 Hi everyone, I was wondering if anyone could provide me with some initial advice (I will be asking a MARA agent but wanted some advice first). I am currently on a 482 visa, however, I am applying for a 190 visa. I am just pre-empting the paperwork I will need in the near future (Police checks/Medical test). I lived in Thailand for a few years and left in June of this year to come to Australia. I had a police check when applying for my 482 check and it's dated 29 March 2019. Just after I left Thailand. My former boss decided to sue 3 of my colleagues and myself for defamation. Apparently the claim was we told pupils to go to another school to obtain a better education (never said that, nor did my colleagues). I contacted my former employer a few days ago to which the reply was "we can do what we want, this is Thailand". Unfortunately defamation is a criminal offence in Thailand (most countries it's civil) and therefore probably will show up on my new police check. I am wondering, will I fail the character test? I've never done anything wrong and wouldn't even know that I got sued unless I needed a new PCC check. Thanks in advance Quote Link to comment Share on other sites More sharing options...
Lavers Posted November 19, 2019 Share Posted November 19, 2019 3 hours ago, Lambert said: Hi everyone, I was wondering if anyone could provide me with some initial advice (I will be asking a MARA agent but wanted some advice first). I am currently on a 482 visa, however, I am applying for a 190 visa. I am just pre-empting the paperwork I will need in the near future (Police checks/Medical test). I lived in Thailand for a few years and left in June of this year to come to Australia. I had a police check when applying for my 482 check and it's dated 29 March 2019. Just after I left Thailand. My former boss decided to sue 3 of my colleagues and myself for defamation. Apparently the claim was we told pupils to go to another school to obtain a better education (never said that, nor did my colleagues). I contacted my former employer a few days ago to which the reply was "we can do what we want, this is Thailand". Unfortunately defamation is a criminal offence in Thailand (most countries it's civil) and therefore probably will show up on my new police check. I am wondering, will I fail the character test? I've never done anything wrong and wouldn't even know that I got sued unless I needed a new PCC check. Thanks in advance Hiya Lambert Did you get a caution or conviction for it? Ive had similar with my wife but I think its if you have had a sentence of 12months or longer then you would fail. Just be honest with them like I have been with my wife and hopefully it will be fine. My wife had a caution from 9 years ago, it just showed on her PCC as no live trace Quote Link to comment Share on other sites More sharing options...
Lambert Posted November 19, 2019 Author Share Posted November 19, 2019 11 minutes ago, Lavers said: Hiya Lambert Did you get a caution or conviction for it? Ive had similar with my wife but I think its if you have had a sentence of 12months or longer then you would fail. Just be honest with them like I have been with my wife and hopefully it will be fine. My wife had a caution from 9 years ago, it just showed on her PCC as no live trace Thanks for the advice... is yours a case of defamation too? I have no idea at this point. I have instructed a lawyer in Thailand so get details of my police report. I don’t want to state no on my application and down the line it turns out I was Convicted in absence and I have to backtrack to immigration. This is all so stressful. Quote Link to comment Share on other sites More sharing options...
Lavers Posted November 19, 2019 Share Posted November 19, 2019 41 minutes ago, Lambert said: Thanks for the advice... is yours a case of defamation too? I have no idea at this point. I have instructed a lawyer in Thailand so get details of my police report. I don’t want to state no on my application and down the line it turns out I was Convicted in absence and I have to backtrack to immigration. This is all so stressful. No it was assault haha. It may not be a problem as like you said its is usually a civil matter, and its hardly a big issue really. Quote Link to comment Share on other sites More sharing options...
wrussell Posted November 19, 2019 Share Posted November 19, 2019 When you get your PCC and it includes the matter you mentioned, or even if it does not, declare the matter with a full explanation. 1 Quote Link to comment Share on other sites More sharing options...
Lambert Posted November 20, 2019 Author Share Posted November 20, 2019 4 hours ago, wrussell said: When you get your PCC and it includes the matter you mentioned, or even if it does not, declare the matter with a full explanation. Thank you Mr. Russell, In your expertise, do you "think" it would cause an issue? Thank you Quote Link to comment Share on other sites More sharing options...
wrussell Posted November 20, 2019 Share Posted November 20, 2019 If you do not declare the matter, and DOHA find out about it, before or after a visa grant, you could expect to be refused a visa or have a visa cancelled. If it is not finally resolved by the relevant authority, you could be in for a long battle. I recently represented a registered migration agent of 20 years standing, who took the view that anyone who represents himself has a fool for a client. There had been a complaint about an alleged misdemeanour that was finally dismissed, but proving that this was so to the satisfaction of the DOHA delegate took me 6 months. To be in trouble on character grounds, you do not have to do anything wrong. All it takes to create a problem is an unresolved allegation. 1 1 Quote Link to comment Share on other sites More sharing options...
Lambert Posted November 20, 2019 Author Share Posted November 20, 2019 57 minutes ago, wrussell said: If you do not declare the matter, and DOHA find out about it, before or after a visa grant, you could expect to be refused a visa or have a visa cancelled. If it is not finally resolved by the relevant authority, you could be in for a long battle. I recently represented a registered migration agent of 20 years standing, who took the view that anyone who represents himself has a fool for a client. There had been a complaint about an alleged misdemeanour that was finally dismissed, but proving that this was so to the satisfaction of the DOHA delegate took me 6 months. To be in trouble on character grounds, you do not have to do anything wrong. All it takes to create a problem is an unresolved allegation. Thank you I would never not declare it because I know the consequences of not doing so. I just don’t understand how it could be “resolved” though as I don’t live in the country anymore and I didn’t even know about it until I requested another PCC. Thanks Quote Link to comment Share on other sites More sharing options...
wrussell Posted November 20, 2019 Share Posted November 20, 2019 (edited) Quote I just don’t understand how it could be “resolved” Consult an attorney in the jurisdiction. Edited November 20, 2019 by wrussell Quote Link to comment Share on other sites More sharing options...
jul2019 Posted December 2, 2019 Share Posted December 2, 2019 I reckon you'll be fine. What you've done is nothing compared to what I've done in the UK (think tv news with helicopters). Sounds like a very minor thing to me. Quote Link to comment Share on other sites More sharing options...
ali Posted December 2, 2019 Share Posted December 2, 2019 5 hours ago, jul2019 said: I reckon you'll be fine. What you've done is nothing compared to what I've done in the UK (think tv news with helicopters). Sounds like a very minor thing to me. Sounds like you may need to look into the character test. Quote Link to comment Share on other sites More sharing options...
Toots Posted December 2, 2019 Share Posted December 2, 2019 48 minutes ago, ali said: Sounds like you may need to look into the character test. jul2019 lives in a fantasy world I've decided. 1 Quote Link to comment Share on other sites More sharing options...
Wonderingaloud Posted December 3, 2019 Share Posted December 3, 2019 9 hours ago, Toots said: jul2019 lives in a fantasy world I've decided. I’m thinking troll personally... 1 Quote Link to comment Share on other sites More sharing options...
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