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Subclass 856 Visa Granted Despite Foreign Criminal Charges Through Character Submission

Visa TypeSubclass 856
CategorySkilled Migration

Case Summary

An applicant for a Subclass 856 permanent residency visa had foreign criminal charges recorded on his police clearance. Through a carefully prepared character submission, we established that the charges did not constitute serious convictions and that the applicant's conduct in Australia demonstrated genuine behavioural reform.

Background

Our client sought our assistance in applying for a Subclass 856 Permanent Residency visa. When we received his foreign police clearance certificate, we identified that the applicant had been charged with a number of offences in his home country. This raised a potential character issue that needed to be directly addressed in the visa application to avoid refusal.

Challenges

  • Foreign police clearance revealed prior criminal charges that posed a risk to the character requirement
  • The charges needed to be assessed against the definition of 'serious convictions' under Australian migration law
  • The submission required carefully contextualising the foreign charges without minimising their seriousness
  • Demonstrating genuine reform and consistent lawful behaviour in Australia

How We Helped

We prepared a comprehensive character submission arguing that the applicant's prior charges were less likely to constitute 'serious convictions' under the relevant legislative criteria. We emphasised the applicant's entirely lawful conduct throughout his time in Australia as strong evidence of behavioural reform, and addressed the nature and context of the foreign charges to put them in proper perspective for the decision-maker.

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Key Success Factors

  • Thorough legal analysis of the charges against the 'serious convictions' threshold
  • Clear evidence of the applicant's consistent and lawful conduct throughout his time in Australia
  • Well-structured character submission directly addressing and contextualising the foreign offences
  • Balanced presentation demonstrating reform without minimising the Department's character concerns
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Outcome

The Department accepted the arguments in the character submission and was satisfied the applicant met the character requirement. The Subclass 856 Permanent Residency Visa was granted.

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