Public Nuisance

[daytons]

In 2008, i was charged with public nuisance (public urination). I was convicted but the conviction was not recorded.

I am planing on applying for a De facto Spouse visa next year, 2011. what would be the likelihood of it being refused on Character grounds?

I have spoken to an immigration lawyer and they said that character grounds usually only apply if you were imprisoned for a year. Public Nuisance is such a small thing that it should not be a problem. HOWEVER, the minster has the discretion to refuse a application on ANY character ground if they wanted to.

My question has anyone that you know of been refused a visa because a of simple public nuisance conviction?

[Emmanuel]

Hi Daytons,


Refusal of a visa application on character ground is only if you have been convicted of a crime for which the penalty is at least 12 months. If you have several convictions that total 12 months, it could also be a ground for visa application refusal.

Public nuisance may be a punishable offence, but the penalty I believe would not be as high as 12 months. In which case, you should not worry too much about being refused.

The ministerial discretion that you are talking is only exercised in cases where the minister considers a person to be a threat to Australian security and has not been penalised with imprisonment of at least 12 months.

Regards,
Emmanuel.

[daytons]

thanks man.