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Resident Return (Subclass 155) Visa Granted Despite Criminal Record and Prior Section 501 Visa Cancellation History

Visa TypeSubclass 155
CategoryResident Return

Case Summary

A permanent resident of nearly 15 years was granted a 5-year Resident Return Visa despite a criminal record, a referral to VACCU, and a prior section 501 visa cancellation proceeding — making this his second character test under section 501.

Background

The applicant had held permanent residency for nearly 15 years and had previously been granted multiple Resident Return Visas. Character-related issues arose on his most recent RRV application, lodged from overseas while he was unable to return to Australia. After taking over the matter, it became apparent that the application had been referred to the Visa Application Character Consideration Unit (VACCU) within the Department. His most recent criminal offence dated back to 2016. Critically, this was the second time the applicant had faced character scrutiny and a potential visa cancellation under section 501 — a prior cancellation proceeding had occurred in 2010, at which time a decision was made not to cancel the visa.

Challenges

  • Criminal record with the most recent offence in 2016 triggered a referral to VACCU
  • This was the applicant's second potential visa cancellation under section 501 character grounds
  • Applicant was stranded overseas and unable to return to Australia while the application was pending

How We Helped

We advised the applicant to obtain a current AFP criminal record certificate and arranged a clinical psychology assessment to examine the mitigating factors surrounding the 2016 offences. Once it became clear this was the applicant's second potential cancellation under section 501, we promptly submitted a comprehensive package — the psychology evaluation, character references, and a detailed written submission addressing Direction 99 — while candidly acknowledging that this constituted a second potential section 501 warning.

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Key Success Factors

  • Clinical psychology assessment addressing mitigating factors for the 2016 offences
  • Detailed submission addressing all relevant criteria under Direction 99
  • Candid and proactive framing of the second potential section 501 proceeding, paired with robust mitigating evidence
  • Character testimonials from community and personal support network
Schedule a call to discover how our experience and expertise made it possible

Outcome

The Department approved a 5-year Resident Return Visa. The applicant was reunited with his wife and children in Australia within 4 months.

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