Visa Reentry Query
The client was on a Student Visa (subclass 500) in Australia when he was convicted of unlawful and indecent assault and common assault in Western Australia in 2023, resulting in fines and compensation totalling approximately $3,500. Due to these convictions, the Department of Home Affairs issued a notice under the Migration Act 1958, considering cancelling his visa. Subsequently, his Confirmation of Enrolment (COE) was cancelled by the university, and he received a notice to leave Australia. It has been approximately a year and a half since these events, and the client is inquiring about the possibility of returning to Australia on a work visa.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkCan I go to Australia again on a work visa, given my previous criminal act on a student visa?
Your ability to re-enter Australia on a work visa depends on several factors, including the type of offence, the time elapsed since the conviction, and the discretion of the Department of Home Affairs. A criminal record can affect your visa eligibility. However, it may be possible to obtain a visa by demonstrating rehabilitation and good character. It is advisable to seek legal advice or consult with a registered migration agent to assess your situation and explore your options.
What are the potential impacts of the criminal record on my eligibility for future Australian visas?
A criminal record may significantly affect your eligibility for future Australian visas. Under the Migration Act 1958, a conviction may lead to visa refusal on character grounds, especially if you fail the character test. The Department of Home Affairs considers the nature of the offence, the time since the conviction, and any pattern of criminal behaviour.
Are there any specific requirements or conditions I must meet to apply for a work visa in Australia after my student visa was cancelled?
To apply for a work visa in Australia after your student visa was cancelled, you must meet character requirements under the Migration Act 1958, which could be complex due to your criminal record. Additionally, you must satisfy specific eligibility criteria for the work visa, such as having a valid job offer and the necessary qualifications.
Can I appeal the decision or seek any form of waiver regarding the cancellation of my student visa?
You may have the option to appeal the cancellation of your student visa or seek a waiver under Australian immigration law. To appeal, you can apply to the Administrative Appeals Tribunal (AAT) for a review of the decision within a specified period from the date of cancellation.
How long does a criminal record affect my visa applications, and is there a way to mitigate the impact in the context of Australian immigration law?
In Australia, a criminal record can significantly impact your visa applications. The Department of Home Affairs assesses character through a 'character test.' Mitigating factors like the time elapsed since the offence and evidence of rehabilitation may be considered.
