My police check discloses offence- will it pose a problem in processing of my visa application?

Migrating to Australia is a complex process and applying for visa can often be stressful, overwhelming, and time-consuming process for visa applicants. The Department of Home Affairs requires extensive documentation to prove that the applicant satisfies criteria for the grant of visa. Documentation can be often time consuming and on top of that if the applicant has made mistakes in the past, these mistakes can create more stress and confusion on what the applicant should do. 

Hillman & Associates Lawyers occasionally represent clients who have offence disclosed in penal clearance certificate (As minor as drink and drive to more serious offences like possession of drugs, assault etc). With years of industry experience, right strategy, and expertise we have obtained successful visa grant for many visas applicant despite offence registered under their name. 

Why does The Department of Home Affairs require my police clearance certificate?

If you wish to successfully apply for a visa to visit, work or move permanently to Australia, then you must show to Department of Home Affairs is that you are a person of good character and that you satisfy the character test. It is important to remember that, passing the character test is not only important when you apply for a visa, but also while you hold a visa in Australia.

You pass the character test, when you submit a police clearance certificate which does not discloses any offences registered under your name. It just shows to the Department of Home Affairs that since you have no criminal charges, you should be considered as a person of good character of Australian Immigration purposes. 

What would happen if I do not pass the character test?

If relevant Minister or one of his delegates reasonably suspects that you do not pass the character test, the consequences are that the Minister or his delegate can refuse your visa application or cancel your current visa altogether. In some cases, the Minister by law must cancel your visa. This includes if you are serving a sentence in prison on a full-time basis in Australia for certain offences. 

I obtain police clearance certificate, but it discloses drink and drive offence which occurred on that crazy Friday night. I am worried, does that mean I won’t pass the character test?

The Minister must cancel a visa or refuse a visa if the applicant does not pass the character test. By law, a visa applicant does not pass character test if the applicant:

• Has substantial criminal record.

• Represent a danger to the Australian community

• Has a conviction for sexual offence involving child

• Is subject to negative security assessment by the Australian Security Intelligence Organisation (ASIO).

• Has an Interpol notice

• Has committed an offence while in immigration detention.

• Is or was a member of a criminal group of organization

• Is suspected of being involved in people trafficking or people smuggling

• Is suspected of having committed genocide, a crime against humanity, a war crime, a crime involving or slavery, or a crime that is other of serious international concern. 

What is substantial criminal record?

A person does not pass the test if they have a substantial criminal record, which means they have been:

• Sentenced to death, life in prison or imprisonment for 12 months or more; or

• Convicted, in Australia or abroad, of a sex offence involving a child; or

• Acquitted of an offence on the grounds of unsoundness of mind or insanity, and detained in a mental institution as a result; or

• Found by a court to be not fit to plead to an offence where the evidence supports a verdict of guilt, and they have been detained in a mental institution. 

Offences like drink and drive, assault, possession of prohibited substance can therefore thus be considered as dangerous to the Australian community, thereby the Minister or delegate can reasonably arrive at a conclusion that the applicant does not pass the character test. However, spite of these offences, an applicant could be considered as a person of good character provided that the applicant is represented by industry experts like Hillman and Associates Lawyers. 

How Hillman and Associates Lawyers worked along with clients who had criminal record?

Hillman & Associates Lawyers have frequently obtained successful visa outcome for applicants whose police clearance certificate disclosed offences like drive and drive, possession of prohibited substances, assault etc. While these such offence do pose as a threat to Australian community and therefore can fail to meet the character test, however we at Hillman & Associates Lawyers have worked closely with our clients to ensure a successful visa outcome. 

Hillman & Lawyers Associates works with applicants to ensure that the applicant obtains all the relevant documents surrounding the offence. We assist the applicant to prepare necessary declaration document which shows how the offence occurred, and what the applicant has done since the offence to rectify the mistake. 

Our experienced Immigration team undertakes extensive legal research and prepares a submission on behalf of the applicant justifying why the Minister or delegate of the Minister should despite of the offence consider the applicant as a person of good character. 

We understand that Australia’s visa process is complex, and it further increases the stress when past mistake poses a threat to your further plans, however we at Hillman & Associates Lawyers ensure that we work along with you to over come this threat and help you to achieve your dream to visit/study/work or permanently reside in Australia. 

To find out more how we can help you your visa application process including the character test requirement, get in touch with Hillman and Associates Lawyers. Together we can determine the best path forward if you have an offence disclosed in your police clearance certificate.  

For a confidential discussion email us at: info@hillmanlawyers.com.au