Date of Resident Return Visa Case

March 2024

Case Type

The Applicant obtained Permanent Residency nearly 15 years ago. Despite being granted multiple Resident Return Visas (RRVs), the Applicant encountered challenges related to character for his latest RRV application, which was submitted from overseas. The applicant was unable to return to Australia until the finalization of his RRV.

Case Background/Difficulty

The applicant reached out to us following the submission of his RRV application. In his application, the Applicant revealed his criminal record, with the most recent offense dating back to 2016. There was a delay in the Department’s processing of the RRV application. Upon lodging the RRV application, the Applicant requested support from Immigration Solutions Lawyers (ISL), and we assumed the task of handling his character-related concern and determining the status of the application and reason for the delay. We later discovered upon taking over the matter, that the application was referred to the Visa Application Character Consideration Unit (VACCU) within the Department and that this was the second time the Applicant faced a character issue and potential cancellation under s501. 

Case Strategy

The Applicant was instructed to provide an up-to-date AFP record. Additionally, an assessment was arranged with a clinical psychologist to delve
into the mitigating factors related to the 2016 offenses. It was also revealed that the Applicant had previously faced a permanent resident visa cancellation
under s501 character grounds, with the revocation request being approved in 2010 and a decision not to cancel the visa was made previously. This marked the Applicant’s second possible visa cancellation overseas. We promptly submitted a comprehensive report, psychologist evaluation, character testimonials, and an additional detailed submission addressing the new Direction 99, whilst disclosing our understanding that this was the Applicant’s second warning under s501 character provisions.

Case Outcome

The Resident Return Visa for a duration of 5 years was approved by the Department for the Applicant. With the support of ISL, we successfully built a
compelling case on behalf of the Applicant and managed to overcome the obstacle of a potential second refusal under s501. After a period of 4 months, the Applicant was ultimately reunited with his wife and children in Australia.