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Resident Return (Subclass 155) Visa Granted for Long-Term Permanent Resident with Criminal Record

Visa TypeSubclass 155
CategoryResident Return

Case Summary

A permanent resident of over three decades was granted a 5-year Resident Return Visa at the Departmental level, without referral to the Department's character section, despite disclosing a criminal record.

Background

The applicant had held Australian permanent residency for more than three decades and had been issued numerous Resident Return Visas over the years. Character-related issues arose before the most recent application. He had travelled outside Australia with an expired RRV and was unable to re-enter until a new one was approved. After lodging the application and disclosing his criminal record, the Department was slow to respond. We assumed responsibility for managing his character matter and monitoring the application.

Challenges

  • Criminal record disclosed in the RRV application caused significant processing delays
  • Applicant was stranded overseas on an expired RRV, unable to return to Australia
  • Risk of referral to the Department's character assessment section, which would significantly extend resolution timeframes

How We Helped

We advised the applicant to obtain a current AFP criminal record certificate and arranged for a clinical psychologist to assess the mitigating factors relating to the offences. In the written submission, we emphasised the applicant's remorse and ongoing rehabilitation efforts. We also highlighted his Australian citizen partner and children, his decades-long residency in Australia, and the positive contributions he had made to the community over that time.

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Key Success Factors

  • Clinical psychologist assessment addressing mitigating circumstances for the offences
  • Detailed submission demonstrating genuine remorse and sustained rehabilitation
  • Emphasis on long-standing Australian family ties and community contributions spanning over three decades
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Outcome

The applicant was granted a 5-year Resident Return Visa at the Departmental level, without referral to the Department's character section, allowing him to swiftly return to Australia and reunite with his partner and children.

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