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substantial criminal record... student visa...what's my chance?


moyamola

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I want to post the outcome of my case.

13-Feb-2012 I lodged my application. that day they called me to get a medical which I did the next day. I was cleared.

16-March My case was sent to DIAC

23-March DIAC wrote a letter to my lawyer asking for a submission. However, I had a terrible lawyer who did not notified me of this matter until 08-May. I rather not exploit him on here but if anyone is curious of what law firm it is, I can tell you privately.

17-May I wrote my submission to DIAC, without the help of my lawyer.

01-June I called DIAC and talked to the person responsible for my case. She told me that I have a positive result and that I should get my visa in about a week.

 

I have learned some things about how the system works and why I passed the character test. What benefited me was that my crimes where committed over 10 years ago and I have proven myself that I am reformed and no longer have criminal tendencies. I have read some posts with concerns of character issues, crimes committed long time ago. My suggestion is that if it's over ten years ago and is not a serious crime where you have been incarcerated for a certain period of time, then you have a good chance of passing the character test. Most important thing is to be honest and clearly state the circumstances of your crimes. I have written a forty-five hundred word letter explaining the details of my crimes.

If I can do it, without much help from a lawyer, then anyone with determination can do it too. And I wish those who do the best of luck.

 

From what you have posted, you could not have passed the character test (as defined). It seems the discretion not to refuse a visa, or cancel a visa was exercised.

 

In any case - Well done!

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From what you have posted, you could not have passed the character test (as defined). It seems the discretion not to refuse a visa, or cancel a visa was exercised.

 

In any case - Well done!

 

You are correct. I do not pass the character test and my case went through the Character Consideration department and have been approved by them. I just wanted to post here that even though you fail the character test you can still be granted a visa.

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Guest PRIND

Firstly congratulations Moyamola on making through the hurdle for visa to Australia. I m also sailing in the same boat. Probably for much badly sounded crime. I was convicted 8 years back in 2004 for an internet crime related to accousting of minor girl for sex. In reality i was trapped by police who was playing a role of 15 year old girl (in reality there was no real girl or physical victim) and we chatted about sex and discussed to meet. Then following to it, i was caught by the police.

 

 

I was convicted for the crime and sentenced with 2 years of probation (no jail term) and following to it i was deported back to India in 2004.

 

 

I had no other crime before that and after then. I am a software professional and leading a gentleman life. I am married and have a child of 7 months. I repent and cry almost every night, why the hell i logged on the internet chat room and got into this mess. I am feeling very guilty that because of my stupidity and an immature act at the age of 24, my wife and child are suffering as i am depriving them from having a quality life. I need a second chance. I never meant to harm anyone. I worked very hard through out my life and completed my Masters in Electrical Engineering from USA in 2003.

 

 

I got NSW state sponsorship and i have applied for 176 stating my conviction and deportation. Currently, the status is all conditions met and Case officer has requested for Medicals and PCC from FBI and india. I got India PCC clean and sent to my agent.

 

 

Can someone please help and suggest me what else i should do and what do you think about my chances?

 

 

Your quick help is appreciated !

 

 

Thanks in advance !

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Firstly congratulations Moyamola on making through the hurdle for visa to Australia. I m also sailing in the same boat. Probably for much badly sounded crime. I was convicted 8 years back in 2004 for an internet crime related to accousting of minor girl for sex. In reality i was trapped by police who was playing a role of 15 year old girl (in reality there was no real girl or physical victim) and we chatted about sex and discussed to meet. Then following to it, i was caught by the police.

 

 

I was convicted for the crime and sentenced with 2 years of probation (no jail term) and following to it i was deported back to India in 2004.

 

 

I had no other crime before that and after then. I am a software professional and leading a gentleman life. I am married and have a child of 7 months. I repent and cry almost every night, why the hell i logged on the internet chat room and got into this mess. I am feeling very guilty that because of my stupidity and an immature act at the age of 24, my wife and child are suffering as i am depriving them from having a quality life. I need a second chance. I never meant to harm anyone. I worked very hard through out my life and completed my Masters in Electrical Engineering from USA in 2003.

 

 

I got NSW state sponsorship and i have applied for 176 stating my conviction and deportation. Currently, the status is all conditions met and Case officer has requested for Medicals and PCC from FBI and india. I got India PCC clean and sent to my agent.

 

 

Can someone please help and suggest me what else i should do and what do you think about my chances?

 

 

Your quick help is appreciated !

 

 

Thanks in advance !

 

Hello

 

Sounds like you have tried to move on with your life and settle down.... and i think you are very brave posting this on here, in my opinion i can only think what would have happened if it was a 15 year old girl as you thought and what may have come of it.... i have a little girl who is nearly 8 and i feel sick writing this.... People get drawn into doing things and most of the time you can understand how things can happen with a chain of events but no matter how you look at it you were 24 and a graduate so i would say intellegent enough to know what you were doing was wrong i never thought i would ever say this to anyone but i hope you dont get the visa because we are hoping to move to oz for a new life and what you did is unforgivable....i have read through the character requirements and spoken to agents before and like me they look at sex crimes on children as the most disgusting crimes so really i dont fancy your chances....

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Guest PRIND

Hi Cki2011

 

I agree with you. Even when i think about myself on the stuff which i did 8 years back i feel very angry and disgusted with myself. How stupid i was? even i agree with you as i m a father now and feel how bad and idiot i was to get provoked and chat with a person of just 15 yrs old about stuff like that. I agree i cant give excuse or argue about it. The crime i did is heinous and there is no mercy for it. However, i have to get along with my life as i have to live and make living for my wife and child. all i m asking GOD to give a second and last chance and i wont ask anything more. Just want a single chance. I am working very hard to make a decent living and asking GOD to forgive me for the sin i committed.

 

Sorry if i have hurt anyone by any means by posting this query ! I didnt meant to hurt anyone ..Sorry !

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Hi Cki2011

 

I agree with you. Even when i think about myself on the stuff which i did 8 years back i feel very angry and disgusted with myself. How stupid i was? even i agree with you as i m a father now and feel how bad and idiot i was to get provoked and chat with a person of just 15 yrs old about stuff like that. I agree i cant give excuse or argue about it. The crime i did is heinous and there is no mercy for it. However, i have to get along with my life as i have to live and make living for my wife and child. all i m asking GOD to give a second and last chance and i wont ask anything more. Just want a single chance. I am working very hard to make a decent living and asking GOD to forgive me for the sin i committed.

 

Sorry if i have hurt anyone by any means by posting this query ! I didnt meant to hurt anyone ..Sorry !

 

From what you have posted you can expect to receive a s501 Notice of Intention to Consider Refusal - Direction 41. Your agent should know what this - does your agent have a stratigie??

 

Also there is the Public Interest criteria 4001 to content with also.

 

The type of the crime regardless if you had a custodial sentance things dont look good.

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Firstly congratulations Moyamola on making through the hurdle for visa to Australia. I m also sailing in the same boat. Probably for much badly sounded crime. I was convicted 8 years back in 2004 for an internet crime related to accousting of minor girl for sex. In reality i was trapped by police who was playing a role of 15 year old girl (in reality there was no real girl or physical victim) and we chatted about sex and discussed to meet. Then following to it, i was caught by the police.

 

 

I was convicted for the crime and sentenced with 2 years of probation (no jail term) and following to it i was deported back to India in 2004.

 

 

I had no other crime before that and after then. I am a software professional and leading a gentleman life. I am married and have a child of 7 months. I repent and cry almost every night, why the hell i logged on the internet chat room and got into this mess. I am feeling very guilty that because of my stupidity and an immature act at the age of 24, my wife and child are suffering as i am depriving them from having a quality life. I need a second chance. I never meant to harm anyone. I worked very hard through out my life and completed my Masters in Electrical Engineering from USA in 2003.

 

 

I got NSW state sponsorship and i have applied for 176 stating my conviction and deportation. Currently, the status is all conditions met and Case officer has requested for Medicals and PCC from FBI and india. I got India PCC clean and sent to my agent.

 

 

Can someone please help and suggest me what else i should do and what do you think about my chances?

 

 

Your quick help is appreciated !

 

 

Thanks in advance !

 

While I wish Moyamola all the very best and am glad he did get his wish granted, in your case PRIND I do not understand your view point. On one hand you admit to soliciting a minor for sex via an internet chat room but say that it was the police's fault as they entrapped you into discussing sex with a fictional minor who you went on to try and meet. Since you were convicted it is obviously a crime where you lived etc at the time. Did you not know it was illegal to do this?

 

If you were genuinely remorseful and had moved on, in my opinion, you would not be blaming the police for this crime or your immaturity (24 = adult).

 

I do not know your chances but I for one, given the work I do and the mess I help clean up after 24 year olds abuse real live 15 year olds, sincerely hope that you do not have a chance in hell.

 

Apologies in advance if I have offended anyone by my post, but I feel sick.............:ssign13:

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While I wish Moyamola all the very best and am glad he did get his wish granted, in your case PRIND I do not understand your view point. On one hand you admit to soliciting a minor for sex via an internet chat room but say that it was the police's fault as they entrapped you into discussing sex with a fictional minor who you went on to try and meet. Since you were convicted it is obviously a crime where you lived etc at the time. Did you not know it was illegal to do this?

 

If you were genuinely remorseful and had moved on, in my opinion, you would not be blaming the police for this crime or your immaturity (24 = adult).

 

I do not know your chances but I for one, given the work I do and the mess I help clean up after 24 year olds abuse real live 15 year olds, sincerely hope that you do not have a chance in hell.

 

Apologies in advance if I have offended anyone by my post, but I feel sick.............:ssign13:

 

 

You feel sick because it is sickening.

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  • 6 months later...
I want to post the outcome of my case.

13-Feb-2012 I lodged my application. that day they called me to get a medical which I did the next day. I was cleared.

16-March My case was sent to DIAC

23-March DIAC wrote a letter to my lawyer asking for a submission. However, I had a terrible lawyer who did not notified me of this matter until 08-May. I rather not exploit him on here but if anyone is curious of what law firm it is, I can tell you privately.

17-May I wrote my submission to DIAC, without the help of my lawyer.

01-June I called DIAC and talked to the person responsible for my case. She told me that I have a positive result and that I should get my visa in about a week.

 

I have learned some things about how the system works and why I passed the character test. What benefited me was that my crimes where committed over 10 years ago and I have proven myself that I am reformed and no longer have criminal tendencies. I have read some posts with concerns of character issues, crimes committed long time ago. My suggestion is that if it's over ten years ago and is not a serious crime where you have been incarcerated for a certain period of time, then you have a good chance of passing the character test. Most important thing is to be honest and clearly state the circumstances of your crimes. I have written a forty-five hundred word letter explaining the details of my crimes.

If I can do it, without much help from a lawyer, then anyone with determination can do it too. And I wish those who do the best of luck.

 

could I just ask what type of visa you were applying for?

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  • 2 months later...
I want to post the outcome of my case.

13-Feb-2012 I lodged my application. that day they called me to get a medical which I did the next day. I was cleared.

16-March My case was sent to DIAC

23-March DIAC wrote a letter to my lawyer asking for a submission. However, I had a terrible lawyer who did not notified me of this matter until 08-May. I rather not exploit him on here but if anyone is curious of what law firm it is, I can tell you privately.

17-May I wrote my submission to DIAC, without the help of my lawyer.

01-June I called DIAC and talked to the person responsible for my case. She told me that I have a positive result and that I should get my visa in about a week.

 

I have learned some things about how the system works and why I passed the character test. What benefited me was that my crimes where committed over 10 years ago and I have proven myself that I am reformed and no longer have criminal tendencies. I have read some posts with concerns of character issues, crimes committed long time ago. My suggestion is that if it's over ten years ago and is not a serious crime where you have been incarcerated for a certain period of time, then you have a good chance of passing the character test. Most important thing is to be honest and clearly state the circumstances of your crimes. I have written a forty-five hundred word letter explaining the details of my crimes.

If I can do it, without much help from a lawyer, then anyone with determination can do it too. And I wish those who do the best of luck.

 

 

I'd just like to add an update on my case too.

I also have a substantial criminal record - multiple minor offences and one 15 month sentence all between the years of 1993-1995.

I haven't been in trouble since and am now married with children and have a degree. I had a bit of a crazy phase in my youth.

 

Like Moyamola, I wrote a very long and detailed declaration to send off with my application (3,800 words). I did this without the help of my agent as he said it should be in my own words.

 

Our 457 visa application was submitted four weeks ago yesterday. I have received an email this morning from an officer at the National Character Consideration Centre in Melbourne to say that no consideration is being given to refusing my application.

I could have jumped for joy when I read it, it's been a stressful few weeks and I wasn't expecting them to make a decision this quickly.

 

So looking at the situations of both myself and Moyamola, it just goes to show that there is hope. If you are truly a reformed character, you can get a positive outcome.

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  • 6 months later...

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