Help!! Permanent Partner Visa (Subclass 801) cancelled under section 501 (3A)

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  • 2 Post By wrussell

Help!! Permanent Partner Visa (Subclass 801) cancelled under section 501 (3A)

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Old 08-23-2018, 07:19 AM
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Help!! Permanent Partner Visa (Subclass 801) cancelled under section 501 (3A)

My friends Permanent Partner Visa (Subclass 801) was cancelled under section 501 (3A). Not sure what that is? But they say its because of his previous criminal record and also had served prior to this a 12 month sentence when he was in Australia. he was asked to pay a fine of 50K (which he could not) and later was deported.
Now after 1 year he re-applied but in the character questions (under PIC 20) under criminal convictions he ticked NO. so while his visa was being processed, when he was asked in an interview why he said no, he thought that criminal conviction was violent in nature.

Question 1: What legal options does he have to return to australia? Is there any provision or revocation that can be done? Considering his partner is Australian.

Question 2: As per his refusal letter, because he ticked NO for a character question, as per PIC 20, what are his changes of the visa requirement? Considering he genuinely did not know the difference?

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Old 08-23-2018, 07:45 AM
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Ignorance is not a defence.

Many people recently have been deported for non violent crimes recently by the person now wanting to be Prime Minister of Australia.

I would expect chances are slim, but the only way to find out for sure is to employ the services of a very good Registered Migration Agent for them to review the case in its entirety.

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Old 08-23-2018, 11:17 AM
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Having an Australian partner does not mean anything when there are criminal convictions involved. Immigration minister (maybe even PM soon) has been deporting a lot of people due to criminal convictions he is very harsh on the criminal convictions. A conviction is a conviction regardless of it is violent or not.

The way that the government is on criminal convictions now I would suspect yours friends chances are slim. It would be best to speak to a registered migration agent and see if there is anything that they can do at all.

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Old 08-24-2018, 03:13 AM
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maybe even PM soon
No, thank heavens.

Westly Russell
Registered Migration Agent
Number 0316072

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