TABLE OF CONTENTS
Involved in a Group Involved in Criminal Conduct
Further General Grounds to Fail the Character Test
Sexually Based Offences Involving a Child
ASIO Adverse Assessment or an Interpol Notice
Additional Definitions of Substantial Criminal Record
The Minister’s Personal Power
Administrative Appeals Tribunal Review
Judicial Review of AAT Decisions
Time Limits for AAT Review
Can’t Go Behind the Conviction
Forensic Psychiatric Report
Those Convicted of Fraud
The Minister’s personal decisions including those in the national interest
Notes from Lorenzo
Clients regularly try to cover up or not acknowledge criminal convictions. Migration advisors cannot be soft on clients in this regard as it will only cause damage later. Clients need to be drilled on whether they have any pass convictions and clients need to be warned that covering convictions will turn what may otherwise have been a winnable case into a case which may fail on the point that convictions were not disclosed.
Similarly with issues like, was the client ever removed or deported from another country, this will eventually come out and needs to be addressed at the application stage.
Always useful is to ask the client to bring in all expired passports. Stories about having lost a past passport should always heighten attention as to whether there are any fraud issues. Look for stamps on passports which say, ‘Seen by X Embassy’ which is indicative of adverse visa history from other countries.