The applicant is in good health and is currently on holiday in Australia. The applicant hopes to apply for a subclass 189 – skilled independent visa. However, the applicant has a prior conviction for possession of an illegal drug. The applicant was convicted when he was 18 years old. The applicant is now 30 years old and since being convicted has not faced any trouble with the law. The applicant volunteers at a community centre, mentoring youth. The applicant is respected in his professional field and is involved in many community activities. The applicant asks if he will be able to be granted the visa.
Our advice to the applicant is to apply for the visa while in Australia. If the applicant applies for the visa while in Australia, he will be granted a bridging visa a which will permit him to stay in Australia until a final decision is made on this application. We would assist the applicant in presenting a strong case to show that the criminal conviction should be weighed against the applicants outstanding employment history, community involvement and clear history of complying with all laws since after the conviction.
The conviction will be a ‘hurdle’ to overcome. However, by engaging professional advice and assistance the applicant may mount a strong argument and be granted the visa. If the applicant applies for the visa while in Australia, they can stay in Australia until a decision is made. If the applicant needs to appeal the decision made by the Department of Immigration, the applicant can stay in Australia while waiting for the appeal if they choose to do so. The applicant may also need assistance with applying for work rights if they choose to stay in Australia. Due to the complexity and uncertainty of the case – the applicant benefits by engaging a Registered Migration Agent to assist with their matter.
