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此文章由 渔人 原创或转贴，不代表本站立场和观点，版权归 oursteps.com.au 和作者 渔人 所有！转贴必须注明作者、出处和本声明，并保持内容完整
本帖最后由 渔人 于 2012-9-12 10:52 编辑
我是在拿到pr之前有过一次犯罪记录。判刑2年，后来竟然神奇的给了我pr，现在我入籍考试已经通过了。本来在就可以拿到入籍通知。但是迟迟没有消息。我打电话过去问，说我有案底，等的会比普通人长一点。请问各位前辈，有类似经历的吗？这样还可以入籍吗？可以的话大概要等多久？小弟多谢了。
Application for Australian citizenship by conferral
I am writing to you about your application for Australian citizenship by conferral.
Subsection 21(2)(c) of the Act states that a person is eligible to become an Australian citizen if (amongst other criteria) the Minister is satisfied that the person satisfies the general residence requirement, special residence requirement or has completed relevant defence service, at the time the person made the application.
Section 22 of the Act (relating to the general residence requirement) provides that applicants for Australian citizenship must, immediately before applying, have been present in Australia for four years, including 12 months as a permanent resident, and not have been an unlawful non-citizen at any time during this period. Applicants must also not have been absent from Australia for more than 12 months in those 4 years including no more than 90 days in the 12 months immediately before applying.
The effect of subsection 22(1C) of the Act, however, is that a person is taken not to have been present in Australia for 4 years immediately before applying if, at any time during those 4 years, they were confined in a prison or confined in a psychiatric institution by order of a court made in connection with proceedings for an offence against an Australian law.
Subsection 22(5A) provides that subsection 22(1C) does not apply in relation to a person if, taking into account the circumstances that resulted in the person’s confinement, the Minister is satisfied that it would be unreasonable not to take those periods into account towards the residence requirement. Circumstances that may be taken into account could include:
• convictions quashed (set aside by the court)
• a pardon, that is, a free and absolute pardon granted because the person was wrongly convicted.
Copies of Subsection 21(2), 22(1), 22(1A), 22(1B), 22(1C) and 22(5A) of the Act can be found at Attachment A for your information.
It is departmental policy that, where the Minister or the Minister’s delegate becomes aware of adverse information concerning a person, that person should be given a reasonable opportunity to comment, provide an explanation or provide additional information addressing the adverse information.
In assessing your application, I intend to take into consideration the following information which may result in your application for Australian citizenship by conferral being refused because you do not meet the legal requirements:
Information held by the department regarding your criminal record in Australia indicates that on 9 April 2009 you were convicted of the offences:
-Operate Account in False Name (10 charges)
-Fraud (7 charges)
-Open Account in False Name
-Export Money or Property Suspected of Being Proceeds of Crime
and sentenced to 8 months imprisonment. You would have been released from prison in connection with this sentence on/no earlier than 9 December 2009 which is during the period of 4 years before you applied for Australian citizenship.
Applicants who have been confined in a prison or in a psychiatric institution by order of a court made in connection with proceedings for an offence against an Australian law at any time during the 4 years immediately before applying will need to be present in Australia for 4 years since last being released from that confinement before being able to satisfy the general residence requirement.
Therefore you may not have satisfied the general residence requirement at the time you applied for Australian citizenship.
You are now invited to comment on the above information. Please notify the department if you believe that any of this information is incorrect or does not relate to you.
You may mail your response to me at GPO Box 9984 SYDNEY NSW 2001 or email me at nswcitizenship.sydneycbd@immi.gov.au. Your response should include the Client ID number provided at the top of this letter.
Timeframe for response
As this letter was sent by email you must respond within 28 days of the date of this letter.
If you have a valid reason for not providing a response within the specified period, please contact me in writing or by telephone. An extension of time may be given depending on the circumstances.
If you do not provide any additional information in the period specified and you have not been given an extension of time to provide additional information, a decision may be made on your application based on the information available.
Contacting the department
If you have an enquiry, you can telephone our Citizenship Information Line on 131 880 between 8.30 am and 4.30 pm Monday to Friday. Details on contacting our offices outside Australia are on our website at www.citizenship.gov.au.
Yours sincerely,
这是我刚刚收到的移民局给我的信。让我满4年的无犯罪记录，哪位能帮我看看，他算的时间是不是有假期在里面的？后面比较乱。而小弟我才疏学浅实在看不懂。 |
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几度西山夕阳红 - 2010年度 （38楼更新） (2008-3-8) 西关少爷 
发表于 2012-8-26 23:53
