|
此文章由 jimple 原创或转贴,不代表本站立场和观点,版权归 oursteps.com.au 和作者 jimple 所有!转贴必须注明作者、出处和本声明,并保持内容完整
原帖由 derekzhang925 于 2012-2-21 08:21 发表 
我给告非法入室,还有持械伤人,虽然是轻伤,只是皮外伤,但情节恶劣,都上到中级法院了,不容易取消案底的。移民局网上有写入监狱一年就不能申请了,但不知道我的缓刑一年算吗?还有听中介说还可以跟移民局申请豁免。
一般刑事案件,是交给supreme court过的,轻重伤是法医定,案情严重性与否是crown(state prosecution根据举证向法官提出的,好了反正按这个判下来也不是最差,不过和你一样罪名,判轻许多的也有很多,不过要看谁帮你打,以及是否初犯,已经证据方面的。希望你好好守行为一年吧。
至于这个The character test
A person will not pass the character test where:
they have a substantial criminal record
they have, or have had, an association with an individual, group or organisation suspected of having been, or being, involved in criminal conduct
having regard to the person's past and present criminal conduct, the person is found not to be of good character
having regard to the person's past and present general conduct, the person is found to be not of good character
there is a significant risk that the person will engage in criminal conduct in Australia, harass, molest, intimidate or stalk another person in Australia, vilify a segment of the Australian community, or incite discord in the Australian community or in a segment of that community, or represent a danger to the Australian community or a segment of that community.
See: Fact Sheet 78 - Controversial Visa Applicants
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 and Ministerial Direction 41
When a person does not pass the character test, decision-makers will decide whether to refuse the application or sponsorship 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, whether the person began living in Australia as a minor, the length of time the person has been living lawfully in Australia, Australia's international law obligation. Other factors such as the person’s family ties in Australia, the person's age, their health and level of education will also be taken into consideration.
The exercise of the discretion is guided by Ministerial Direction 41 made under section 499 of the Act.
移民局网上也就这些信息,反正你的学生续签还没下来,具体也要等,还是找个好点的中介做做材料,即使被拒,上诉曲直的几率比你自己搞的要高,还有你的案例摆在那,我一般考虑最坏的,所以还是多咨询咨询移民中介,让他们拿搞过这类案类的给你看,然后帮你搞。 |
|