If you hold a student visa or a 457 visa or even “PR” – any class of visa! You need to read this because people holding Australian temporary or permanent residence visas who commit criminal offences in Australia can have their visas cancelled. Even if you are a permanent residence in Australia does not make you ‘safe’ or protect you from having your visa cancelled on the grounds that you are a person of ‘bad character. If you fail the character test or you are perceived to be a person who is a risk to the Australian community, the Department of Immigration and Citizenship the government, and in some cases the Minister for Immigration personally, will consider using the power created by section 501 of the Migration act 1958 to cancel your Australian visa.
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.
Call 03 9614 0218 or email firstname.lastname@example.org 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