urgent [PR with conviction query] !!!!!!!!!!!!

[sere]

If i see a question, "HAVE YOU EVER BEEN CONVICTED?" Do i answer yes or no? cause according to my knowledge convicted crimes are those crimes which are brought in court and the judge charge him/ her guilty.
please help/

 

[wmetz]

Well when u apply for PR, u must have a police check.

 

[Nigelinoz]

Character Requirement - Applications & Forms

Meeting the character requirement for temporary and permanent migration

For the Australian Government to determine whether you are of good character, you may be asked to provide police certificates for each country you have lived in for 12 months or more over the last ten (10) years since turning 16.
If you are applying outside Australia, you do not have to provide this information when you apply. You will be advised when it is required.
If you are applying in Australia, you should provide this information with your application.
Instructions for providing character-related information are included in the health and character section of the Partner, Child, Parent and Other Family booklets which are available from this website
Subject to availability, you can obtain a printed copy from a migration office in Australia or overseas for a minimal cost.
Meeting the character requirement for Australian citizenship

Applicants for Australian citizenship are also responsible for showing they are of good character.
Instructions for providing character-related information for Australian citizenship are available with the application forms and also on the citizenship website.
See: Citizenship website
Penal clearance requirements

In order for the Australian Government to determine whether you are of good character, you may be asked to provide a penal clearance certificate. These certificates are also known as a police certificate in some countries.
Instructions on obtaining a certificate from an overseas government or law enforcement authority are available in the following document.
See: Character Requirements Penal Clearance Certificates (388KB PDF file) (formerly known as Form 47P)
Character-related information

Fact Sheet 79 - The Character Requirement
Form 80 – Character assessment, personal particulars (313KB PDF file)
National Police Checks > Application forms
Note: Applicants who are required to provide an Australian penal clearance certificate must complete the National Police Check application form which is available from the Australian Federal Police website. Visa applicants should use Code 33 at Question 1 on the form and include details of any, and all, names they have been known by. If an AFP Certificate is provided based on incorrect information, the department may request another certificate. Please note fingerprints are not required for National Police Checks.

BTW you say

This is my first crime in australia

my advice is make it your only crime in Australia !

 

[benhadi]

you said you did a stupid thing, you got caught shoplifting.

I would suggest that the shoplifting itself was the stupid thing.

Don't do it again. You could have (if you have not already) jeopardised your application, and for good reason.

 

[Archphoto]

Character Requirement - Applications & Forms



BTW you say my advice is make it your only crime in Australia !

Or anywhere for that matter!:shock:

 

[markis10]

Sere,

Welcome to AFF, I would suggest you get legal advice from an immigration specialist who is properly accredited to give such advice and is overseen by the law society or similar.

 

[medhead]

In general, an infringement notice should not result in a criminal conviction. Mainly because that would deny you the right to test the evidence in court and all that. This is similar to speed fines etc. But i would be surprised if it didn't show up on a police check.

As others have mentioned the stupid thing you did was to steal.

 

[markis10]

In general, an infringement notice should not result in a criminal conviction. Mainly because that would deny you the right to test the evidence in court and all that. This is similar to speed fines etc. But i would be surprised if it didn't show up on a police check.

I believe you cannot be general with such advice, it really depends on which state the offense occurred and just to be sure I would recommend getting professional advice, for instance if its in Victoria:

The Infringements Act 2006 provides that, subject to that Act and any
other Act, a person who pays an infringement penalty and any prescribed costs
within the time required under that Act expiates the offence by that payment.
Section 33 of that Act provides that, generally, expiation means that no
further proceedings may be taken against the person for that offence and no
conviction is taken to have been recorded against the person for that offence.
Payment is not to be taken as an admission of guilt or liability and payment
is not to be referred to in any report provided to a court for the purposes of
determining sentence for an offence.

FOR NSW:

The Crimes Legislation Amendment (Penalty Notices Offences) Act 2002 allows use of infringement notices for the following offences:

1. Larceny (less than $300);
2. Offensive Behaviour;
3. Offensive Language;
4. Unlawful entry of a vehicle/ boat;
5. Obstruct Traffic;
6. Obtain Benefit by Deception;
7. Goods in Custody.

Like other penalty notices, the CIN must be paid within 21 days of issuing. The option is available to elect to have the matter heard before a court by completing the court election form on the back of the penalty notice. If the court election option is chosen and the CIN matter be proved, a conviction is likely to result. Paying of a CIN will not result in a conviction being recorded against you.

 

[medhead]

I believe you cannot be general with such advice, it really depends on which state the offense occurred and just to be sure I would recommend getting professional advice, :

Your right of course, seek legal advice! However, the general principles of the law will apply. Having been empowered to issue notices in NSW, the basic situation was that infringement notices are a lower level of penalty and can only be applied in certain defined circumstances. They were used the save legal costs for both parties by avoiding going to court. The consequence of that was that the penalty couldn't have the same standing as a court imposed penalty.

But this is all in principle and certainly isn't legal advice. Thank you for reminding me that I should have been a lot more clear on that point.

In terms if the OPs situation it seems to me if they want PR (I assume residency) then there isn't much they can do.

 

[JohnK]

.... my advice is make it your only crime in Australia !

I don't know the OP but to me it sounds like this is not the first time they have committed a crime. Not necessarily Australia but somewhere else.

Why would you say 'this is my first crime in Australia' and not 'this is my first crime'?

And what is it with the idea the mistake made is 'they were caught' and not the crime?

 

[rwatts]

I don't know the OP but to me it sounds like this is not the first time they have committed a crime. Not necessarily Australia but somewhere else.

Why would you say 'this is my first crime in Australia' and not 'this is my first crime'?

And what is it with the idea the mistake made is 'they were caught' and not the crime?

That also struck me. However since the OP is seeking residency it is probably reasonable to believe English is not their first language and to make allowances for that.

Richard.

 

[benhadi]

It might be of interest to note that by far the highest proportion of migrants to Australia are pommies. But that said, the overall proportion of migrants from non-english speaking backgrounds probably outnumber those that are.

 

[markis10]

It might be of interest to note that by far the highest proportion of migrants to Australia are pommies. But that said, the overall proportion of migrants from non-english speaking backgrounds probably outnumber those that are.

That's actually not correct, for the migration program the UK is just ahead of China in 2008-09 (by 1000 - 25700 versus 24700) however those figures do not include NZ, if we look at migration by place of birth which is probably a good indicator its a much different story, the migration program suffered a massive drop in UK participants in the last year which it has yet to report on:

http://www.immi.gov.au/media/publications/statistics/immigration-update/update-2009-10.pdf

 

[benhadi]

Wow thanks markis10 for the stats, that's quite enlightening. At this rate, there will be no more Kiwis in NZ soon.

 

[JohnK]

And Australia will be a colony once again. :shock: But not under British rule....

 

[Diesellife]

Why don't you get your police clearance (national one) first? You will have to do it anyway.

If the report says no conviction, then fill in the form as no conviction.
And obviously, if the report says otherwise, you know the answer

 

[sere]

Re: urgent

say no to crime..even a small crime can turn ure life upside down!!

 

[Diesellife]

Re: urgent

say no to crime..even a small crime can turn ure life upside down!!

You couldn't lie in the visa application. National and internation police check will reveal everything.

 

[medhead]

You couldn't lie in the visa application. National and internation police check will reveal everything.

I don't think that was a suggestion to lie. More a statement telling people to follow the law, IMO

 

[Diesellife]

sorry I mis-read it... it was a quick scan before my morning briefing...