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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, |
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楼主:渔人
发表于 2012-8-29 10:31
