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Referral of Character Assessment under s501 & Drug offences & successful outcome & Class 309 Partner Visa (Offshore)

The applicant was a citizen of the United Kingdom. He had been in long standing relationship with an Australian born citizen, and the couple had an Australian citizen child of the relationship. The applicant migrated to the United States when he as a child. The applicant had a drug conviction for possession in the US. The applicant was deported from the US back to the UK.

The applicant lodged an offshore partner visa application to enter Australia and was subject to the Section 501 character grounds, due to his prior criminal record.

Our office drafted submissions that focussed on the applicant’s need to be with his child, and the effect of a visa cancellation would be particularly catastrophic for the child. We noted that although the applicant’s serious actions could not be overlooked, the mitigating circumstances surrounding the case, especially the hardship that would ensue, should be given greater consideration.

The visa was granted to the applicant and he was able to join his family in Australia.

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