advice needed

[amy]

Hi there
My daughter has recently separated from her husband due do domestic violence and currently going through the divorce procedures. She is an australian citizen and has sponsored him for his permanent residency. He attended court and pleaded guilty for 2 assault offences and been served with an AVO. She has withdrew her sponsorship, she is concerned for her safety and would like to see him leave this country ASAP.

What are his chances of having to stay in australia.

[digger]

Hi there
My daughter has recently separated from her husband due do domestic violence and currently going through the divorce procedures. She is an australian citizen and has sponsored him for his permanent residency. He attended court and pleaded guilty for 2 assault offences and been served with an AVO. She has withdrew her sponsorship, she is concerned for her safety and would like to see him leave this country ASAP.

What are his chances of having to stay in australia.
I assume he has been on the TR stage of a partner visa and has the sponsorship withdrawal been done before or after the court case and if before, I'd definitely be following up with DIAC to advise of the court case results and her concerns.

Ultimately it'll be up to DIAC to decide and if he has no grounds for the visa to continue with validity as I understand it he can be given opportunity to respond to a notice of intent to cancel the visa and his response could involve seeking another visa, so it could be a few months to an indefinite period as to him having to leave.
Not what you wanted to hear no doubt but we do often say how the Law is an Ass!

[amy]

Thanks Digger
The withdrawal of the sponsorship was done before the court, she has contacted them after the court. All they can say to her is that because she has withdrew her sponsorship and due to confidentiality she cannot be given any further information. Also at that time he was on a briding visa B. She has faxed through her statement and also copy of the AVO against him. Police did say that he has a criminal record against him now. Wouldn't the criminal record affect he character test when he applies for another visa?

[digger]

Thanks Digger
The withdrawal of the sponsorship was done before the court, she has contacted them after the court. All they can say to her is that because she has withdrew her sponsorship and due to confidentiality she cannot be given any further information. Also at that time he was on a briding visa B. She has faxed through her statement and also copy of the AVO against him. Police did say that he has a criminal record against him now. Wouldn't the criminal record affect he character test when he applies for another visa?
Criminal records certainly get looked at by Immigration but it does take a conviction that will give a minimum custodial sentence of 12 months before a visa application rejection will automatically apply AFAIK.

[amy]

I thought what he has been charged with will affect the character test.
or am I wrong.

[nvoorst]

It really depends on the details of his criminal record and/or the severity of any convictions.

http://www.immi.gov.au/media/fact-sheets/79character.htm

[amy]

The reason why she want's him sent back is because she is under a lot of stress at the moment due to the messages that he keeps sending her stating that just because she withdrew her sponsorship that will not affect him for gettting his permanent residency and no one is going to listen to her.

[nvoorst]

I understand how stressful it is for her, but DIAC will decide any visa application on its merits.

He might be in breach of his AVO, if he keeps harassing her. Maybe you should talk to a family lawyer ?

[amy]

A few people with have been speaking to have suggested with speak with either a migration agent or immigration solicitor regarding this issue stating that they might be able to help.

I just find it very unfair that her been the australian citizen who has to go through all this and yet have not much say in this matter to ensure this does not happen to somebody else.
And for him wasting government's money having the court charging with offences and still the department of immigration giving him the rights to apply for other visas. How can someone justify this.

[nvoorst]

Amy, I do understand your frustration (and there have been several similar posts on this forum), but I think your main issue is the relationship breakdown and the resulting stress for your daughter. If her partner had been an Australian citizen, then it would have been just as unpleasant, but she would not have any ability of removing him from the country.

If she wants to pursue this person, then she should do that through the legal system. Any convictions (e.g for family violence) will certainly have to be taken into consideration for any future visa applications.

I really don't believe there is a much any migration agent can do to help you in this matter.

[amy]

Thanks nick, I appreciate what you are saying, and that's what I meant that when there is family violence and convictions all these should be taken into consideration. But how can DIAC turn around and say to her that this person have all the rights to apply for other visas and also appeal any decision given by the department.

[nvoorst]

The fact that he has the right to apply for a visa or appeal DIAC decisions does not mean he will actually get permanent residency.

In principal everybody has the right to apply for an Australian visa, but only a relatively small percentage of applicants are approved.