Title: Resident Return (Subclass 155) Visa where the Applicant had a criminal record.
Date of Resident Return Visa Case
March 2024
Case Type
The Applicant acquired Permanent Residency almost a decade ago. Despite receiving multiple Resident Return Visas (RRVs), the Applicant faced character-related difficulties before the most recent RRV Application. The Applicant had travelled outside of Australia with an expired RRV and was unable to re-enter until the new RRV was granted. These character concerns considerably extended the processing time of the application.
Case Background/Difficulty
The Applicant contacted us after lodging his RRV application. Within the RRV application, the individual disclosed his criminal history; however, the Department was delayed in responding. After submitting his RRV application, the individual sought assistance from Immigration Solutions Lawyers (ISL), and we took on the responsibility of managing his character-related issue and avoiding a further delay at the Visa Applicant Character Consideration Unit (VACCU), which is the unit which assesses character requirements for visa Applicants.
Case Strategy
The Applicant was advised to obtain a current AFP record. Simultaneously, a meeting was scheduled with a clinical psychologist to discuss the mitigating circumstances surrounding the recent offences. Within the detailed submission, we underscored the Applicants regret and efforts towards rehabilitation. Furthermore, we emphasized the Applicants Australian citizen spouse and children, as well as their established residency in Australia and the beneficial impact they have had on the community.
Case Outcome
The Department granted the Applicant the Resident Return Visa for a period of 5 years at the Departmental Level. With the assistance of ISL, the application was prevented from being referred to the VACCU section of the Department, leading to a prompt reunion with the Applicant’s partner and children.
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