Positive Outcome of Character Assessment under s501 (820 Visa Application)
CASE TYPE
The Applicant was issued a caution for serious offence in November 2018. The Applicant came to Immigration Solutions Lawyers to assist him in his application for a Partner (subclass 820) Visa. This application had become problematic after receiving a section 56 requisition to undertake character and health checks, due to the caution which he did not disclose on his Bridging Visa E nor the Partner (subclass 820) Visa Application.
CASE BACKGROUND DIFFICULTY
The Applicant is in a committed and loving relationship with an Australian Citizen. The Applicant was issued a caution for serious offence in November 2018. The Applicant lodged the Partner (subclass 820) Visa on 21 July 2021. He did not disclose this on his Partner (subclass 820) Visa Application. The Applicant received a section 56, a request for further information, on 9 October and on 18 January 2022. Immigration Solution Lawyers took over the Partner (subclass 820) Visa application on 20 October 2021.
On 10 March 2022, the Visa Applicant Character Consideration Unit sent a request for further information for a statement of police facts in relation to the serious offence.
CASE STRATEGY
Firstly, we addressed the character issues in the character submission. In the character submission we submitted that the Applicant assumed full responsibility of his actions and has expressed genuine remorse in relation to the conduct. We submitted that these actions were extremely out of character and due to his juvenility and alcohol consumption. ISL articulated to the department that there was no intention to conceal the caution, but rather it was a case of misunderstanding that a caution or warning forms part of a criminal record.
Secondly, we submitted that the Applicant remaining in Australia on a Partner (subclass 820) Visa Application is in the best interests of the Sponsor. She is fully aware of the caution that was issued against the Applicant.
We also provided all relevant and required documentation to support our legal particulars.
CASE OUTCOME
The character submission sufficiently addressed the previous criminal caution as we received a positive outcome from the Character Unit. Based on the submission, the Character Unit informed us that, whilst processing the 820 Visa application, they will not take into consideration the previous criminal conviction. The partner visa (subclass 820) is still under consideration.
Or call us 1300 428 472