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Resident Return (Subclass 155) Visa Granted for Applicant Stranded Overseas with Criminal Record

Visa TypeSubclass 155
CategoryResident Return

Case Summary

A permanent resident who had travelled outside Australia on an expired Resident Return Visa and disclosed a criminal history was granted a 5-year Resident Return Visa without referral to the Visa Applicant Character Consideration Unit (VACCU).

Background

The applicant had held permanent residency for close to a decade and had previously been granted multiple Resident Return Visas. Character-related difficulties arose on the most recent application. The applicant had travelled abroad on an expired RRV and was unable to re-enter Australia until a new visa was granted. After lodging the RRV application and disclosing his criminal history, the Department's response was significantly delayed, raising concern about a potential referral to the Visa Applicant Character Consideration Unit (VACCU).

Challenges

  • Criminal history disclosed in the RRV application caused significant processing delays
  • Risk of referral to VACCU, which typically extends resolution timelines considerably
  • Applicant was stranded overseas with an expired RRV and could not return to Australia

How We Helped

We advised the applicant to obtain a current AFP criminal record certificate and arranged a clinical psychology consultation to examine the mitigating circumstances surrounding the offences. In a detailed written submission, we emphasised the applicant's genuine remorse and efforts towards rehabilitation. We highlighted his Australian citizen spouse and children, their established life in Australia, and the positive contributions the applicant had made to the community.

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Key Success Factors

  • Clinical psychology assessment addressing mitigating circumstances for each offence
  • Detailed submission demonstrating genuine remorse and active rehabilitation
  • Evidence of strong Australian family ties and positive community contributions
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Outcome

The Department granted the applicant a 5-year Resident Return Visa at the Departmental level, without referring the application to VACCU. The applicant was able to promptly return to Australia and reunite with his partner and children.

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