Last Updated on November 28, 2022 by Tabraiz
Immigration is generally confounded on the concept of “good character.” Many immigration applications have been denied under the pretence that the person is not of good character. Indeed, an individual’s character is more than just adherence to traffic rules.
Australian law is very strict when it comes to granting immigration visas to individuals, especially those with prior criminal charges and convictions. If you were arrested in the past, the record can be present on the official site like louisiana arrests org and you might need mugshot removal service for removing your name from there.
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Factors Determining Visa Approval
Here are some determinants in applying for an immigration visa to Australia:
Nature of the Crime
The nature of the crime committed should not be categorised as substantial.
A substantial criminal record is when…
- A person was sentenced to either death or life imprisonment;
- He or she was sentenced to imprisonment of 12 years or more;
- An individual who was sentenced to two or more terms of imprisonment with a total of at least 2 years; or
- A person was acquitted of an offence on the grounds of unsoundness of mind and thereby detained in a facility.
If you have a substantial criminal record, it will make your visa application process more complex. In most cases, it also takes longer to get a decision and may result in refused entry.
Read More: How to Identify Best Criminal Lawyers?
Sentence Served
Criminal offences that happened more than 10 years ago typically no longer count on local police searches. However, these should be declared when applying for an Australian visa.
The sentence served should not be more than 12 months or 2 years for multiple charges. This also applies even if the sentence has been suspended. The length of the sentence served is taken into account with the nature of the crime committed.
Lifestyle and Rehabilitation
Another important factor to consider is the rehabilitation and lifestyle of the offender after serving his or her sentence. The primary goal is to prevent the offenders from recidivism or repetitively committing a similar or graver offence.
Offenders who have shown remorse and who continuously change their behaviour can be offered consideration in their visa application.
Threat to Australian National Security
An application for an immigration visa can also be refused on account that the subject has been assessed as a direct or indirect threat to the national security of the country. The assessment must be under the control of competent Australian ministers or authorities.
If a foreign minister or a person authorised by him determines that your entry is and would be contrary to foreign policy interest, your application may be denied on such grounds. Similarly, if you are associated, directly or indirectly, with the proliferation of weapons and mass destruction, your visa may also be refused.
How Criminal Charges Impact Your Immigration?
Immigration involving criminal charges are governed by Sections 201 and 501 of the Migration Act of 1958.
When Applying for Immigration
Section 501 mandates Immigration Ministers to refuse entry to visa applicants who did not pass the character test.
What is included in the character test?
Section 501(6) consists of the reasons a person might not pass the character test.
- He or she has a “substantial criminal record;”
- An individual who poses danger to the Australian community;
- A person who was convicted for sexually offending a child;
- The subject obtains a negative security assessment by the Australian Security Intelligence Organisation (ASIO);
- He or she has an Interpol notice;
- If you have committed an offence while in immigration detention;
- When the person is or was a member of a group committing an organised crime;
- An individual suspected of being involved in people trafficking or smuggling; and
- A subject suspected of having committed genocide, a war crime or a crime that is otherwise of serious international interest.
An immigration minister may also refuse application when the subject’s past and present general and criminal conducts are a risk to the peace and order of the community. Risks may include vilifying a segment of the community, igniting discord, and committing crimes involving harassment, molestation, and violent or disruptive activities.
Committing a Crime Whilst on a Visa
Obtaining a visa in Australia does not give you the privilege to ignore the viability of having your visa cancelled.
Under Section 201, Immigration Ministers can order the cancellation of a visa and the deportation of an immigrant even if the subject has been in Australia as a permanent resident for less than ten years and is convicted of a criminal offence penalised by death, imprisonment for life or a period of more than 1 year.
What happens when your immigration visa is cancelled?
When a subject’s immigration is cancelled, he or she becomes an unlawful non-citizen of Australia. This means that the person is forbidden re-entry to the country and from reapplying for a visa.
Individuals whose visas are cancelled can file for revocation of cancellation within 28 days following the date of the cancellation letter issued by the Immigration Minister. You may apply to revoke the cancellation to the Administrative Appeals Tribunal for review of the Minister’s decision.
If you are worried about your immigration, contact Smith Criminal Law today!
