Successful case addressing character issues

At Crystal Migration, we understand that navigating your visa pathway for Australia can be challenging, especially when character issues arise. However, not all is lost. We can assist you in addressing issues related to past convictions.

The Department of Home Affairs takes character assessments very seriously when evaluating visa applicants. They consider your behavior and any convictions recorded in your home country and any country where you have lived for more than 12 months, including Australia. Even a minor conviction can lead to a visa refusal on character grounds. Therefore, it is extremely important to declare any conviction on your incoming passenger card and in any visa application you submit.

Case Example: Successful Outcome by Crystal Migration

Recently, we handled a case where an applicant’s Permanent Visa application was significantly delayed due to undeclared past convictions in his home country. David (a fictional name) had two convictions for possession and consumption of prohibited drugs. These convictions were not declared in his previous temporary visa application but were later declared on his Permanent Visa application. This led to further assessment by the Visa Application Character Consideration Unit (VACCU), causing more than a year’s delay in the decision.

At Crystal Migration, we identified the issue and addressed it with a well-founded submission. The applicant had submitted two different police checks from his home country. One had two convictions recorded, while the latter one showed no convictions. This discrepancy triggered the Department of Home Affairs to issue a s57 Natural Justice letter, indicating the application was likely to be refused.

In our response, we explained the following points:

– The police recording system in the applicant’s home country was undergoing major reforms, resulting in the erasure of convictions that did not lead to significant imprisonment.

– The applicant mistakenly believed it was acceptable not to disclose these past convictions due to these reforms.

– Despite this, the applicant showed remorse and demonstrated successful rehabilitation.

– We gathered documentary evidence to support these claims.

– The applicant had no other past convictions and had exhibited good behavior in Australia.

Outcome

The Department of Home Affairs accepted the arguments presented by Crystal Migration on behalf of our client, resulting in the granting of the Permanent Visa.

We have handled many other cases, including winning cases at the Administrative Appeals Tribunal and the Federal Circuit Court.

If you are facing character issues, do not hesitate to contact us. We will work diligently to address the problem succinctly and efficiently, aiming for a positive outcome.

Written by Ross Ahmadzai

18 May, 2024

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