I want to move australia but have criminal record?

Question

hi there my criminal record is for assault around 8 years ago when me and my freind fell out cannot beleave it mite affect me now. and i have got a conviction for driving when banned due to an emergency what couldnt be helped but for the last 6 1/2 years my record has been clean and i was wondering weather this could affect my chances. I have already taken the first step for a qualified visa and have scored 140 points and u only need 120 but the second step is your details and in there they are asking about any criminal convictions iam just wondering is it worth paying the company to carry on with the application and what my chances would be your answers would be much appreciated

Answer 1

This is from the Department of Immigration and Citizenship website.

The website has all the information you need.

http://www.immi.gov.au/media/fact-sheets...

Fact Sheet 79 - The Character Requirement

Substantial criminal records:

A person is deemed to have a substantial criminal record if they have been:

sentenced to either death or life imprisonment

sentenced to a term of imprisonment for 12 months or more

sentenced to two or more terms of imprisonment (whether on one or more occasions), where the total of those terms is two years or more

acquitted of an offence on the grounds of either unsoundness of mind or insanity and, as a result, the person has been detained in a facility or institution.

Discretionary powers

When a visa applicant or visa holder does not pass the character test, decision-makers will decide whether to refuse the application or to cancel a visa. Exercise of this discretion will take into account a wide range of factors, including the protection of the Australian community, the expectations of the community, the best interest of any children under 18 years of age, as well as other considerations such as the non-citizen's links to Australia, and any relevant international law obligations.

The exercise of the discretion is guided by the Minister's direction made under section 499 of the Act.

Exclusion from Australia

A person whose visa is cancelled on the grounds of either a substantial criminal record, or past and present criminal conduct, is permanently excluded from Australia.