PR at Risk? What to Do When the Department Investigates Your Past Conduct

Thinking that holding an Australian permanent resident (PR) is the finishing line, you may have to think again. Individuals with past criminal records may be investigated by the Department of Home Affairs at any time. This will cause worries and how it may affect your PR status.

What Is Involved in Investigating That Will Affect My PR?

When the Department investigates your past conduct, they are assessing whether you meet the character requirements for maintaining your PR. This can include reviewing past conducts, criminal activities, breaches of visa conditions, or any false information provided during your visa application.

How Do I Know If I’m Currently Being Investigated for Character?

You may receive a Notice of Intention to Consider for Cancellation (NOICC) or a visa cancellation letter from the Department of Home Affairs. In the NOICC or the cancellation notice, it will state the cancellation power that the delegate may choose to use to cancel your visa, make sure to read it through properly. Some common cancellation powers are:

Once you receive a NOICC or a visa cancellation, consult an Accredited Specialist in Immigration Law for professional guidance on the next steps. Accredited Specialists specialise in highly complex matters and can provide tailored advice for your specific situation for the best chance of success.
Please note that you only have a specific amount of time to respond to the Department of Home Affairs (DoHA). Ensure that you engage with a professional immigration lawyer as soon as you discover the visa cancellation notice.
At the same time, compile relevant documents and evidence that can support your case. This may include legal documents, character references, proof of rehabilitation or any other suitable records.

What are the Potential Outcomes for My PR?

If you are able to address the suspected concerns satisfactorily, you may retain your PR without further issues.
If you are unable to satisfy the delegate from DoHA, there may be grounds for visa cancellation. If this is the result, you may have the right to appeal the decision to the Administrative Review Tribunal (ART). Speak with an Accredited Specialist in Immigration Law to assist with the merit review process.

How Can Agape Henry Crux Help

Contact Agape Henry Crux and speak with one of our Accredited Specialists in Immigration Law - Jason Ling or Angela De Silva for the next best step in your visa issue. 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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