The controversy however was not merely his refugee claim but also that of his “bad character”.

That was due to the fact that the state police had charged him and the  state courts had convicted him and sentenced him for a custodial period of more than 12 months.

Consequently, because of his criminal history, any visa – refugee or otherwise – was subject to s501(2). That is mandatory refusal on the grounds that he was of bad character.

Given AR LAW Services extensive work and success in Refugee applications and appeals coupled with our profound understanding of the interface of State (here criminal justice system) and Commonwealth (here Migration/refugee law) AR LAW Services was able to convince the Government that even though this man had made mistakes in the past he had payed for those mistakes.

This coupled with his connection to the local community and the international obligations that Australia is required to uphold AR LAW Services was successful in persuading the Government to exercise its discretion and not refuse the visa on the grounds of s501(2).

That is, the man and his family will not be “deported” and he can stay to build a life in Australia.

So if you or someone you know has had a visa refused or cancelled pursuant to s501 for being of bad character. Or if you are a foreign national and have been charged with or convicted of a criminal offence talk to us.

AR LAW Services are not only Masters of Migration and Visa law but we have extensive experience in criminal defense matters, this “interface” ensures that we are best pace to assist in this extremely complex and specialist area of Australian law.

Visa Holders

Book a Consultation

Call 03 9614 0218 or email info@arlaw.com.au to make an initial 30 Minute consultation at our Melbourne office. (conditions apply)

For more go to   www.arlaw.com.au

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

The post Important Win for Refugees with a criminal history. appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

If you are a person holding an Australian visa you now will automatically fails the ‘character test’ if you have been sentenced to 12 months in prison for one or more offences. Conviction for the commission of a single, but more severe, criminal offence alone may be sufficient grounds for the Australian government to cancel your visa, or repeated convictions for less sever criminal offences can also lead to the cancellation of your visa. There are also various other considerations which the DIBP will look at to determine if it considers you to be of bad character and therefore, move to cancel your visa.

Consequently what maybe considered a “good deal’  for an Australian Citizen when negotiating a criminal “plea bargain” maybe a very bad deal for a visa holding foreign national.

That is where AR LAW Services may help, given we not only deal with migration and visa law but also we have almost 20 years experience in assisting people in police and criminal defense law.

So if you or someone you know is facing criminal or police matters or has had a visa refused or cancelled by s501  talk to us.

Or if you or anyone you know has an Australian Visa refused, rejected or cancelled due to police history or character grounds contact us to discuss your Appeal or Review options.  Remember TRUST ONLY a Master Migration Lawyer and make an appointment with AR LAW Services: Master Migration Lawyer.

Book a Consultation

Call 03 9614 0218 or email info@arlaw.com.au to make an initial 30 Minute consultation at our Melbourne office. (conditions apply)

For more go to   www.arlaw.com.au

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

The post Trouble with the Law? Why foreign nationals need special help when it comes to police matters appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.

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.

Book a Consultation

Also you may wish to read this:

Extra Help of Visa Holders

Call 03 9614 0218 or email info@arlaw.com.au to make an initial 30 Minute consultation at our Melbourne office. (conditions apply)

For more go to   www.arlaw.com.au

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

The post Good news for those who like to drink, drive fast and lie. appeared first on Australian Immigration Lawyers Migration Agents in Melbourne.