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Old 02-11-2011, 11:44 PM
invisius invisius is offline
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Australian student visa renewal with offence currently awaiting legal action?

I am currently holding a student visa in Australia and have been holding it for the past 7 years. I have just finished secondary schooling and have been offered a place and been given a confirmation of enrollment letter by my university. I am now wanting to renew my Australian student visa and am currently in the process of my application. One of the question asks whether or not I have any offences currently awaiting any legal action. I am due to appear in the Magistrates’ Court of Victoria to settle a summary offence under the Road Safety Act 1986 for the following offence.

(2) A person is guilty of an offence if that person makes, uses, knowingly has custody or possession of, sells or utters any paper or other material purporting to be a notice, registration label, certificate, licence, permit or other document or any identifying number or general identification mark that is authorised or required by or under this Act.

Penalty: 10 penalty units or imprisonment for 2 months.

Because this is my first offence and was considered to be minor, Victoria Police have recommended me a place in the diversion program, where a good act is performed and I avoid a subsequent police record, fine and imprisonment. This has been made available to me, however, it is up to The Magistrates’ is to decide on whether or not to grant me this diversion when I go to court.

Now, my visa expires well before my court date. I am curious to know whether or not this predicament will prevent me from obtaining my student visa, which is necessary for me to both continue studying and attend my court hearing. Otherwise I would not be able to attend the court hearing at all, if my application is rejected.

I spoke to my lawyer not too long ago and he mentioned that after speaking to the sergeant of my informant, that it is most likely that I WILL get that diversion as they the police are putting it forward for recommendation and they are supporting it. The court date is now also being brought forward AHEAD of when my visa expires. Should this increase my chances as if the diversion is approved, I will have no recorded conviction and should be able to comfortably explain that to immigration. (Or even tick the ‘No’ box to any convictions?) The charges are only adjourned however, until I complete the conditions set out in the diversion, so I’ll probably have to write that I am in the diversion program in ‘Any charged offences currently awaiting legal action’. Is that right? Thoughts guys?

I would appreciate your earliest response on the matter.

Kind regards.