Living and Working in Australia Forum With Immigration and Travel Information

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-   -   Charged with any offence that is currently awaiting legal action (https://www.australiaforum.com/visas-immigration/170241-charged-any-offence-currently-awaiting-legal-action.html)

rohankapoor 04-18-2016 10:12 PM

Charged with any offence that is currently awaiting legal action
 
Hi,my case is complicated but I will try to explain.In Jan 2016 my twin brother apply for student visa Subclass 573 student visa ,but on 15 Feb he received a mailed from immigration that he may fail to satisfy PIC 4020(1) because "stated “No” at Question 93, of your visa application form 157A especially the ones that state : “ Have you or any member of your family unit included in this application ever – been charged with any offence that is currently awaiting legal action” and/or “been convicted of an offence in any country ( including any conviction which is now removed from official records )?”"

and we were in shock what happened there then we recall that my elder brother(Australia citizen) have divorce case in which his wife put a false allegation in our family which was almost ready to settle in Feb.We belive that we that case was over on 4th January when divorce was granted by lower court but according to Indian court the last third hearing should be in high court then FIR against family will be removed and that high court date was 24th Feb:(

So,we know that we done a huge mistake by not reading the question properly,then we successfully withdraw the file from embassy.

Now this was passed now currently ,unfortunately that case was not completed on 24th Feb the judge gave a date of 14 July 2016.Now I am going to apply for student visa in may or June for August intake ,we are trying over best to solve this case in May itself by going to supreme court ,but if by luck we are not going to solve this in May it going to solve in 14July in high court

So,I just want to know if my case(FIR) was removed so still can I apply for visa by ticking YES? and giving all required document or I have to wait till FIR will be removed

please help me:(

JandE 04-18-2016 11:11 PM

I would answer Yes and give full details. I doubt it would be held against you.

Answering No when it should be Yes appears to have been the only problem before. Not the actual circumstances.

rohankapoor 04-19-2016 09:28 AM

Quote:

Originally Posted by JandE (Post 1242225)
I would answer Yes and give full details. I doubt it would be held against you.

Answering No when it should be Yes appears to have been the only problem before. Not the actual circumstances.

Yeah I will tick YES ,but I want to know that ,immigration will grant me a visa because I have FIR against me ,is there any risk to get refused:confused: ?

JandE 04-19-2016 09:46 AM

What is an FIR? Is it a serious offence that you committed that immigration will hold against you?

rohankapoor 04-19-2016 10:13 AM

Quote:

Originally Posted by JandE;124263 4
What is an FIR? Is it a serious offence that you committed that immigration will hold against you?

My elder brother wife register FIR(First Information Report ) which mean a charged has applied on me and my family which was false ,it is common in India the female party will put a false allegation male party then they will demand money for a divorce settlement and we have to then sign a mu (mutual understanding) in we as male party will gave them money:( and they will remove FIR mean charges against us and divorce will be granted,the charges against us are demanding dowry and domestic violence :confused:

On 4 January divorce was granted by court ,but for FIR removal we have to go high court where will give third installment of money and FIR will be removed against us from records by police,and my life screwed without doing any crime:(

rohankapoor 04-19-2016 11:00 AM

No, visa has been rejected to me nor to my twin brother.I just want to know if in may if I am not able to remove charges which will removed because other party has signed the MU(mutual understating) according to which when we give the third installment of money for divorce in higher court she have to remove the charges us ,and charges against us are of domestic violence and demanding dowry ,Can I file visa by ticking YES been charged with any offence that is currently awaiting legal action column is visa form ? or have to wait till court remove that charges


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