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Lambert

190 - Criminal Record overseas

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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 

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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

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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. 

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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.

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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.

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Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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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

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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.

 

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Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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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 

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Quote

I just don’t understand how it could be “resolved”

Consult an attorney in the jurisdiction.

Edited by wrussell

Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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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.

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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.


I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

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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.  😉  

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9 hours ago, Toots said:

jul2019 lives in a fantasy world I've decided.  😉  

I’m thinking troll personally...

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Due to escalating bills and budgetary cuts in the NHS, unfortunately, the light at the end of the tunnel has had to be switched off.

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