I Had a Sexual Offence Charge, Will That Affect My Visa?
If you have a history involving a sexual offence charge, whether it resulted in a conviction or not, it is critically important to understand how this will impact your Australian visa application. Australian immigration law places extreme importance on character requirements, especially concerning offenses that pose a risk to the community, and sexual offenses are included.
What is the Character Test?
All visa applicants must satisfy the character test to meet the character requirements, to ensure that individuals seeking to enter or remain in Australia are of good character. Sexual offence charges and convictions are highly scrutinised under this test.
Related: Common Character Mistakes – Traffic Offences, Spent Convictions and More
How Does a Sexual Offence Charge Affect My Visa Application?
A visa application may be impacted by past involvement in sexual offence cases in several ways:
A conviction for a sexual offence that results in a term of imprisonment (even a suspended sentence) of 12 months or more is considered a substantial criminal record, fails the character test, resulting in a visa refusal or a mandatory visa cancellation under Section 501.
Even if the sentence is less than 12 months, or if the charge did not lead to a conviction, there is a possibility that the Department can refuse or cancel your visa if they believe you are not of good character.
The applicant may receive a Request for More Information (S56) notice or a Natural Justice (S57) notice from the Department of Home Affairs (DoHA) requesting further documents and information before a decision is made. Applicants only have a limited timeframe to respond to address any concerns the case officer may have.
The applicant may receive a Notice of Intention to Consider Cancellation (NOICC) or a Notice of Intention to Consider Refusal (NOICR) from DoHA. Once a NOICC/NOICR notice is received, visa holders have only a limited period to respond to address the character issues to DoHA before the visa is finalised.
May be referred to a specialised unit, the Visa Application Character Consideration Unit (VACCU), within DoHA. When a visa application is referred to VACCU, applicants can expect a delay in processing.
What steps can I take to address the sexual charges on my visa?
We highly suggest scheduling a consultation with Jason Ling, an Accredited Specialist in Immigration Law, for professional guidance. Engage with a team of experienced immigration lawyers to address the character concerns effectively.
At the same time, start preparing and compiling any supporting documents that showcase positive changes in character, character references, and more.
Failure to disclose your criminal history in any visa application (current or previous) can result in immediate visa refusal due to breaching the Public Interest Criterion (PIC) 4020, due to providing false or misleading information and leading to a 3-year or 10-year ban.
What to Do If My Visa is Refused/Cancelled Due to Character?
If your visa application is refused or your visa is cancelled due to character, you may have the option to seek a merit review with the Administrative Review Tribunal (ART). We recommend speaking with an Accredited Specialist in Immigration Law to strengthen your case and increase the likelihood of a favourable outcome.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
What To Do If I Have A Criminal Charge After My Permanent Visa Grant?
Served Your Criminal Sentence, Will My Future Visa Be Affected?
My Partner Has Sexual Offences | What Can I Do for the Sponsorship Limitation?
How Can Agape Henry Crux Help
The team of immigration lawyers work closely with two of our Accredited Specialists in Immigration Law at AHC Lawyers who specialise 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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