Do I Need to Disclose Minor Offences or Spent Convictions on My Visa Applications?
The intricacies of Australian visa applications can be daunting, particularly when it comes to disclosing past criminal record(s). Applicants may often wonder whether they should disclose minor offences or spent convictions concerning of the visa application decision.
Australian immigration law requires visa applicants to meet the character test. This often involves disclosing any past criminal activity, including minor offences or convictions. Minor offences might include traffic violations or misdemeanours. Even though these may seem insignificant, failure to disclose them can lead to complications and may result in a visa refusal due to Public Interest Criterion (PIC) 4020. A spent conviction refers to a criminal record that is deemed no longer relevant after a certain period. However, for immigration purposes, you may still be required to disclose these offences.
What is PIC 4020?
PIC 4020 is a cancellation ground on the basis of when an individual who provided false or misleading information on their visa application or supporting documents, which includes the following:
Provided fake or bogus documents, such as counterfeit, altered or fraudulent documents.
Had a false identity or provided false information in their circumstances.
Past refusals or cancellations due to false or misleading information.
Those who meet the PIC 4020 criterion can be refused a visa and potentially banned from applying for certain visas for 3 to 10 years.
Why Disclosing Minor Offences or Spent Convictions on My Visa Application is Important?
The Department of Home Affairs (DoHA) assesses an applicant’s character to ensure they do not pose a risk to the Australian community.
Being truthful in your application is fundamental in any visa process. Failing to disclose relevant information, even if minor, can lead to refusals or visa cancellations.
Leaving out information about past offences might lead to a visa refusal or visa cancellation, such as a negative character assessment, which can affect future applications.
Related:
Facing a Character Test Failure Under Section 501? Why You Need an Accredited Specialist
How Can I Address Health or Character Issues in My Visa Application?
Speak with an Accredited Specialist in Immigration Law if you are unsure what and how to disclose your minor offences on your visa applications. An Accredited Specialist in Immigration Law are specialised in assisting in complex cases such as overcoming PIC4020 and character matters, they can offer guidance tailored to your specific situation.
How Can Agape Henry Crux Help
Contact Agape Henry Crux and speak with our Accredited Specialists in Immigration Law - Jason Ling or Angela De Silva for the next best step in your visa application. Our team of immigration lawyers specialises in handling highly complex matters. You can schedule an appointment with one of our lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin, and Cantonese. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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