Tightening of Character Test 2019

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Tightening of Character Test 2019


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Old 08-16-2019, 07:58 AM
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Angry Tightening of Character Test 2019

Hi,

I read that current government is introducing a bill to tighten the Character Test Bill for non-citizen.

Anyone who were charged with the listed crimes would deem to fail "Good Character Test", which means they could potentially be deported, even if it was a minor offence and committed many years ago.

I pledged guilty, as instructed by the lawyer and was given a fine. No conviction.

It was a time of my life which I was ashamed of.

I have been law bidding since, not even a speeding fine.

Would this bill impact me if that happens?

I haven't been able to sleep for the past weeks.

Any advise is appreciated.


Last edited by legalmat; 08-16-2019 at 08:05 AM.

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Old 08-16-2019, 08:16 AM
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I think the significant change is this: previously you had to be sentenced to 12 months or more, so it was the length of the sentence that mattered.

Under the proposed changes it is the potential sentence for the offence that matters. So if something is punishable by 2 years jail, but you only get 3 months, it is the 2 years they will be looking at it.

Imagine if this is made retrospective.Lots of minor offences carry potentially long prison sentences, that are seldom imposed.

Another thing that seems to be happening is that lots of people are getting caught out when applying for citizenship and their PR applications are being scrutinised anew.

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Last edited by CCMS; 08-16-2019 at 09:14 AM.

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Old 08-16-2019, 08:39 AM
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Thank you for your advice.

Unfortunately the crime I was charged had a punishable maximum prison term of two years, which I was unaware.

I was only fined by the court.

And I read from the news that this bill is retrospective.

I like to ask if the bill is passed, will it impact me?

And if I would be deported even I have been law bidding since?


Last edited by legalmat; 08-16-2019 at 08:41 AM. Reason: Adding words

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Old 08-16-2019, 09:22 AM
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We donít know if these new character requirements will actually be implemented or how they will be applied. I imagine people will be able to put their case forward and that there will be an appeal process.

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Old 08-16-2019, 10:52 PM
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Thank you for your advice.

But based on the current government structure, I believe it is likely to be passed by parliament.

Very stressful time ahead.


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Old 08-16-2019, 11:09 PM
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Quote:
Originally Posted by legalmat View Post
Thank you for your advice.

Unfortunately the crime I was charged had a punishable maximum prison term of two years, which I was unaware.

I was only fined by the court.

And I read from the news that this bill is retrospective.

I like to ask if the bill is passed, will it impact me?

And if I would be deported even I have been law bidding since?
From reading some news articles; if you are a NZ citizen in Australia then you should be worried.

the Coalition has cancelled a total of 4,150 visas, most of these being New Zealand citizens.
https://www.theguardian.com/australi...n-deportations.


What is your current visa status?


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Old 08-17-2019, 01:05 AM
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I read that article too.

There are so many NZ citizen being deported is because they are the largest non-citizen residents in Australia.

But I am not a NZ citizen and have lived here as a resident for over 30 years.

So I am very worried.

I have been law bidding after that mistake I made.

I don't even have a parking/ speeding fine since then.


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Old 08-17-2019, 05:47 AM
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Quote:
Originally Posted by legalmat View Post
I read that article too.

There are so many NZ citizen being deported is because they are the largest non-citizen residents in Australia.

But I am not a NZ citizen and have lived here as a resident for over 30 years.

So I am very worried.

I have been law bidding after that mistake I made.

I don't even have a parking/ speeding fine since then.
I think the reason that NZ citizens are being deported is that they don't actually have the same Australian PR as you. Most are on the temporary 444 visa, which allows permanent stay, subject to conditions.

Those that are on SCV444's might be subject to problems that a Permanent Resident might not have.
This indicates that PR is safer in that respect, unless of course those convictions were not disclosed when asked in the visa application.

If you have entered Australia on a subclass 444 visa and you did not disclose criminal convictions from overseas you can be subject to deportation.
It is suggested that you try to secure permanent residency as soon as possible.


The 444 is granted on arrival in Australia, processed at their airport, with very little admin, and no cost, with no Police checks etc. Very different to other visa applicants, who have to provide police checks etc. The 444 is much like a visa waiver on arrival tat happens in many other countries. Very fast to get and very easy to leave out criminal convictions on the 444 entry..

I would assume that those who have done all the required police checks, and declared all convictions etc, would be OK.


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Old 08-17-2019, 07:48 AM
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Hope so.

I had my PR before being charged.

And I do not have a conviction.

But still worried, as the proposed legislation is supposed to apply to all visa holders and it is retrospective.


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Old 08-17-2019, 08:26 AM
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Quote:
Originally Posted by legalmat View Post
Hope so.

I had my PR before being charged.

And I do not have a conviction.

But still worried, as the proposed legislation is supposed to apply to all visa holders and it is retrospective.
It's absolutely Draconian. What do they think it will achieve ?

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