Good news for those who like to drink, drive fast and lie.

Randalls and Minister for Immigration and Border Protection (Migration) (2017) AATA 2279 (20 November 2017).

The case:

The client was a national of Ireland who was 42 years old at the time of the AAT decision.  Prior to coming to Australia he had a lengthy string of traffic offences, over a 10 year period from 2002 – 2012. The most problematic  was given suspended sentences totaling 12 months imprisonment for the assault charges, and it was these convictions which caused him to fail the character test.

The applicant was granted a 457 visa in August 2012, but his convictions in Ireland were not disclosed in that application.

So what factors did enable the applicant to salvage the application?

First: there was evidence that no one had been injured as a result of his drink driving offences either in Australia or in New Zealand, and evidence was produced by a forensic psychologist that the applicant presented a low risk of re-offending and a low risk to the Australian community.

Second: “glowing” character references were provided by the applicant’s employer (the sponsor of his 186 visa application), his co-workers and his friends;

Third: there was a finding by the Tribunal that it would be in the best interests of the applicant’s 14 year old daughter for the visa application not to be refused, as she had settled into Australian life and it would be very disruptive for her to return to Ireland.

And lastly, and perhaps most importantly: it was strongly in the interests of his employer, a business based in regional Queensland, that the visa not be refused. The evidence was that the applicant was a highly skilled manager in a particular form of scaffolding, that he had trained hundreds of other people, and that his employer would struggle without him as the employer had no other employee in NSW who could fulfill his work responsibilities.

So if you have problems with the law or with a visa application due to bad character book an appointment with us now.

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Also you may wish to read this:

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Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page