Character References
TABLE OF CONTENTS
Pathway Advice and Character Issues
Visa Cancellation on character grounds can have permanent consequences
Character issues now spill into many areas of migration law
Mandatory Visa Cancellation for Imprisonment for Certain Crimes
28 Days to Apply to Have the Mandatory Cancellation Revoked
Person Remains in Detention Once a Visa is Cancelled
Merit Review, Mandatory Cancellation and Revocation of Cancellation
What is the Relevance of s 501(3A) to Sentencing Principles
Other Character Cancellation Powers
The Character Test in the Non-Mandatory Cancellation Context
Substantial Criminal Record – Imprisonment
Okay to Exhaust All Remedies
Australian Citizen Children
Offences in Immigration Detention
Involved in a Group Involved in Criminal Conduct
People Smuggling
General Character
Further General Grounds to Fail the Character Test
Sexually Based Offences Involving a Child
War Crimes
ASIO Adverse Assessment or an Interpol Notice
Additional Definitions of Substantial Criminal Record
The Minister’s Personal Power
Administrative Appeals Tribunal Review
Judicial Review of AAT Decisions
Time Limits for AAT Review
Practice Points
Can’t Go Behind the Conviction
Character References
Forensic Psychiatric Report
Those Convicted of Fraud
The Minister’s personal decisions including those in the national interest
Notes from Lorenzo
Having multiple character references from non-family members is an essential element of any submissions. It is also essential that such persons giving the reference be fully aware of the nature of the offences. The best way to achieve this is to supply the person giving the reference with a full transcript of the criminal record, the sentencing remarks by the judge and if it is an AAT review, the full reasons for decision of the visa refusal or cancellation. The person giving the written reference must refer to the offence and stating he or she is fully aware of the circumstances of the offences and how the person was aware (ie being supplied with various documents). The reference has to state how it is that the opinion is reached that the person has reformed. The reference must state how long the referee has known the person, the quality of the contact and in what capacity the person had the contact.
Obviously persons holding positions of authority carry more weight but references from ‘ordinary’ people, members of the community also carry weight. References from employers would be important. Some references from friends are also useful.
There is no formula for these references, each must be individually crafted by the referee based on his or her personal experience with the person concerned.
If the person served a term in prison some reference of support from the prison authority would be useful.
It would be prudent to do a Freedom of Information search of the prison records to extract any useful material.
Referees need to be aware that it may be necessary to call such persons as witnesses either in person or by telephone or video link.