Immigration Case Studies

Overcoming a criminal conviction

South Africa

Australia

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Migration Agent

Myer Lipschitz

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Hamish Brown

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Client

AC

Overview

The primary applicant’s partner for an Australian General Skilled Migration visa application, AC, had a serious past criminal conviction involving the accidental death of a car passenger whilst driving. All applicants included in a visa application must meet character requirements.

1

Identifying application difficulties

AC’s wife was the primary applicant for an Australian General Skilled Migration visa.

The key issue in this case was arguing to the immigration department that, despite AC’s past (with a conviction for culpable homicide resulting in the death of his friend/passenger, and a second incident also resulting in the death of a passenger 7 years later which didn’t result in a conviction) he still meets the character test as defined in Section 501 of the Migration Act.

2

Research of similar instances

Whilst researching in the preliminary stages of this case we found a strikingly similar case that had been previously heard at the Administrative Appeals Tribunal (AAT), which had found in favour of the visa applicant despite prior criminal convictions involving culpable homicide.

3

Arguing the case

At the visa application stage we declared AC’s criminal conviction and argued that, in spite of his past, he meets the character test and is a reformed man who had learned a painful lesson and had much to contribute to Australia. We provided the immigration department with specialist reports and character references attesting to this, as well as referring to the aforementioned AAT case that had set a relevant precedent.

The Outcome

AC and his wife’s visas were granted.

They are now living and working in Tasmania.