Daughter devastated, Citizenship refused.

[bloomersthebear]

Just been informed by the immi and citizenship people that my 17 year old daughter has been refused her citizenship approval because of a 12 month good behavior bond she received two days after the applications was sent. :embarrassed:

So thats me the wife and two daughters approved and awaiting what we hoped would be a family ceremony.

 

The circumstances for the good behavior bond were at best very spurious. She was out with so called mates that turned on her. She was left beaten up ( her so called best mates 19yr old boyfriend thought he would throw a few punches in for good measure)

 

Phone, bag, purse all stolen. Local police turn up the Australians kids had star burst and left her there. She was arrested for "public nuisance" and ticketed for court. All this kept to her self as at 17 she didn't need to tell mum and dad. (stupid law).

 

The police refused to listen to her complaint of assault and theft. (Robbery)?? And proceeded with the easier option. Situation solved. She was awarded the 12 month good behavior bond and the rest is history a police check by immi during process and now she is refused the citizenship.

 

She is gutted, were gutted. she was told by the police it wasn't a conviction so would not hamper her application. So she took the whole thing on the chin, quite literally too, and took them at their word. Silly girl. :skeptical:

 

Now the thing is looking back at the paperwork the 1290 form I used for her application, http://www.immi.gov.au/allforms/pdf/1290.pdf is designed with 17 yr olds in mind. And it states quite clearly 18yr olds must prove good character and it goes on the explain the criteria. For 17 year olds and under it isn't a requirement. But it seems our case officer carried out a local police check and has seen this bond recorded against her name. :unsure:

 

Had a look at the ATT appeal process and its nearly $800 on top of the $260 we already paid for the application. I thought the good character Critera was designed to nullify any "proper" un-desirables from getting approval not a juvenile with a behavior bond. (timing as they say is everything).

 

really don't know what to do. could they have it wrong in this case??

 

Any help or suggestions would be appreciated.

[Guest siamsusie]

http://www.citizenship.gov.au/applying/documents/character/#

You are subject to certain conditions set by an Australian court (such as being released on parole, good behaviour or bail) where action may be taken against you for breach of those conditions

 

I am sorry to hear about this,:hug:.. Having just look at the above link it does state 18 yrs and over.

 

Seeing as your daughter is still 17 yrs old , based on the above, I would be seeking professional advice.. see below.

 

http://www.aat.gov.au/ApplyingForAReview/WhenCanTheAATHelp.htm#fees (Administrative Appeals Tribunal)

If a fee is payable, the full application fee is $777. In certain circumstances, this fee can be reduced to $100.

 

I wonder whether having a word with a Migration Agent like George Lombard who was formerly a lawyer.

http://www.austimmigration.com.au/site/... he might be able to put you on the right path/advice.

 

 

Hopefully someone will come along with positive advice,

 

 

Susie x

[RockDr]

What a mess!! Thoughts are with you.

I agree with Susie, get some professional advice, and quick. Hope this all gets sorted out for you soon.

[Quoll]

Oh dear, what a mess. I would also be thinking of making a complaint to the police about her treatment - I would have thought that all states were reasonably congruent that a person under 18 cannot be interviewed without a responsible adult being present and if you werent present then who was? You might want to check your state's legislation on that, I know in ACT the age is 18 and pretty sure it is in NSW as well.

 

I agree, have a chat with George, he's bound to know what to do next.

[bloomersthebear]

Thanks guys, its a worry and a bit wrenching thinking 4 out of the 5 of us will be at the ceremony. But I have called the immi office and the lady there sounded genuinely concerned and took my number who knows may even get back to me. I will see what happens and if nothing I will contact this Mr Lombard fellow and seek his advise.

 

Again thanks for the support. Really just wanted to vent much as anything. Another one of life's curve balls I think.