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Discussion Starter · #1 ·
Hello
Is there anyone that has knowledge of the Character assessment section of Home Affairs.
My query is, if a visa application is made and a criminal record declared.
Is the application passed onto another Dept for character assessment and further processing?
Thank you
 

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Discussion Starter · #3 ·
Hello again. I wonder if any of the members here can clarify 2 points I found on the Australian human rights website. I don't understand points 2 and 3. In particular point 2. Does point 2 mean 1 term of imprisonment of 12 months ?
Thanking you

(b) Substantial criminal record
A person will not pass the character test if they have a 'substantial criminal record', as defined in subsection 501(7).[7] For the purposes of the character test, a person has a 'substantial criminal record' if they have been:

sentenced to death or to imprisonment for life
sentenced to imprisonment for 12 months or more
sentenced to two or more terms of imprisonment where the total of these terms is two years or more
acquitted of an offence on the grounds of unsoundness of mind or insanity, and as a result they have been detained in a facility or institution.[8]
 

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Hello again. I wonder if any of the members here can clarify 2 points I found on the Australian human rights website. I don't understand points 2 and 3. In particular point 2. Does point 2 mean 1 term of imprisonment of 12 months ?
Thanking you

(b) Substantial criminal record
A person will not pass the character test if they have a 'substantial criminal record', as defined in subsection 501(7).[7] For the purposes of the character test, a person has a 'substantial criminal record' if they have been:

sentenced to death or to imprisonment for life
sentenced to imprisonment for 12 months or more
sentenced to two or more terms of imprisonment where the total of these terms is two years or more
acquitted of an offence on the grounds of unsoundness of mind or insanity, and as a result they have been detained in a facility or institution.[8]
Yes on point 2, but point three is out of date in the information you found - it is now: "the person has been sentenced to 2 or more terms of imprisonment, where the total of those terms is 12 months or more"

In other words, all sentences (including concurrent) are totalled together. If they come to 12 months or longer, a person does not pass the character test.
 

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Discussion Starter · #6 ·
Yes on point 2, but point three is out of date in the information you found - it is now: "the person has been sentenced to 2 or more terms of imprisonment, where the total of those terms is 12 months or more"

In other words, all sentences (including concurrent) are totalled together. If they come to 12 months or longer, a person does not pass the character test.
Thank you Paul
 

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Discussion Starter · #7 ·
Hello everyone. Does anyone have any experience to share on how long character assessments are taking to process? My query is about an RRV that has been referred for further assessment.
Thank you
 

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Hi Catherine, my fiance has a PRV and has lived in Melbourne since January 2007.
He decided to go home to the Netherlands and visit family for nearly a month but when he tried to board the plane to come home he was told he didn't have a valid RRV.. So he applied straight away (Offshore).. He was required to apply for and supply AFP Check which he did as promptly as possible. The RRV application was then sent to VACCU.. The case manager had it, collecting information etc for just on 6 months before proceeding and handing it over to the decision maker (Delegate).. And we are still waiting.
You're not going to like this part..his holiday ended 31st Oct 2017.. RRV was applied for on 1st Nov 2017.. That almost 15 months..
What they have done to our lives is devastating.. Even our Immigration Agent says he has never seen this before and says it's cruel and inhumane.. My fiance luckily has a room at his parents to stay in but no money or car. We both have severe depression and extreme financial hardship.. He has lost his management job at a well known automotive repair company in Melbourne.. Defaulted on his laptop an and credit cards..
It'll take forever for us to recover from this once he returns.. (God forbid they refuse his visa).. I will not cope..

Sorry for the dramatic details but mine, Johans and my 2 sons (20 and 18yo) lives have been shattered.. It hurts and I cry every day..

I needed to let that out.. Phew. Thankyou.
I pray your life isn't put on hold for so long.. Or if you already have your outcome, I hope you were accepted..
Kind regards Shirleen
 

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Many years ago (in the days when QANTAS used to advertise 'sex tours') Australian immigration adopted a policy of 'Humane Deterrence'. Just as well they did not adopt a policy of inhumane deterrence.
 
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