Fraud Convictions Not A Barrier To Citizenship

 
 

In order to qualify for Australian citizenship, applicants must meet this requirements under s. 13(1)(f) of the Australian Citizenship Act, namely that:

(f) the person is of good character;

 Bridging visas for absorbed person claimants & those seeking citizenship reviews. Bridging visa E’s are now available for those claiming to hold absorbed person visas and seeking judicial review over that issue and for those who seek review to the AAT over citizenship issues. This is done via the Migration Amendment Regulations 2005 (No 7) dated 21.7.05.  The bridging visa E remains in force until 28 days after decision.  The amendment adds subpara 50.212(4AAA) to the Sched 2 criteria as follows:

(4AAA)An applicant meets the requirements of this subclause if the applicant has applied for:

(a)      a declaration from a court that the Act does not apply to the applicant; or

(b)      judicial review or merits review of a decision made in relation to the applicant under the Australian Citizenship Act 1948;

and the proceedings for the declaration or review have not been completed.

And here are the technicalities regarding how long the bridging visa remains in force:

050.511B

In the case of a visa granted to a non-citizen on the basis that the non-citizen is a person who has applied for a declaration mentioned in paragraph 050.212(4AAA)(a) — bridging visa:

(a)      coming into effect on grant; and

(b)      permitting the holder to remain in Australia until 28 days after the proceedings for the declaration are completed.

050.511C

In the case of a visa granted to a non-citizen on the basis that the non-citizen has applied for judicial review of a decision under the Australian Citizenship Act 1948, mentioned in paragraph 050.212(4AAA)(b) — bridging visa:

(a)      coming into effect on grant; and

(b)      permitting the holder to remain in Australia until 28 days after the latest of the following:

(i)      the day the judicial review proceedings are completed;

(ii)      if the court remits the matter to the Minister or a review authority for reconsideration — the day the non-citizen is notified of the decision of the Minister or review authority;

(iii)      if the non-citizen withdraws his or her application for judicial review — the day the application is withdrawn;

(iv)      if the non-citizen is taken to have applied for judicial review under subclause 050.212(4A), and either withdraws from or is struck out of the representative proceedings for judicial review — the day the non-citizen withdraws or is struck out.

050.511D

In the case of a visa granted to a non-citizen on the basis that the non-citizen has applied for merits review of a decision under the Australian Citizenship Act 1948, mentioned in paragraph 050.212(4AAA)(b) — bridging visa:

(a)      coming into effect on grant; and

(b)      permitting the holder to remain in Australia until 28 days after the latest of the following:

(i)      the day the non-citizen is notified of the merits review decision;

(ii)      if a review authority remits the matter to the Minister for reconsideration — the day the non-citizen is notified of the Minister’s decision;

(iii)      if the non-citizen withdraws his or her application for merits review — the day the application is withdrawn.

Note      Merits review of certain decisions made under the Australian Citizenship Act 1948 is available under the Administrative Appeals Tribunal Act 1975(the AAT Act).

 And probably the most effective part of this Bridging visa E is that no conditions are imposed:

050.612B

In the case of a visa granted to an applicant who meets the requirements of subclause 050.212(4AAA) or (4AB):      Nil

It means the visa applicant can work and/or study while awaiting the outcome of any appeal! 

 

New Zealanders who are  not Australian citizens

 

For the sake of completeness it is convenient here to deal with the situation of New Zealanders now.

 

The new regulations changed the definition of eligible New Zealand Citizen[6].   Here is what the definition now reads:

“eligible New Zealand citizen” means a New Zealand citizen who:

(a)        at the time of his or her last entry to Australia, would have satisfied public interest criteria 4001 to 4004 and 4007 to 4009; and

(b)        either:

(i)         was in Australia on 26 February 2001 as the holder of a Subclass 444 (Special Category) visa that was in force on that date; or

(ii)        was in Australia as the holder of a Subclass 444 visa for a period of, or periods that total, not less than 1 year in the period of 2 years immediately before 26 February 2001; or

(iii)       has a certificate, issued under the Social Security Act 1991, that states that the citizen was, for the purposes of that Act, residing in Australia on a particular date.

As time goes by there will be less of those around.

At the risk of over simplification, now, it is only eligible New Zealand citizens who have the same rights as permanent residents, not just those who are holders of subclass 444 visas. For example only eligible New Zealand citizens can sponsor other persons to migrate to Australia, unless the New Zealander otherwise gains permanent residence.  To gain permanent residence New Zealanders will have to do so like everyone else ie come within the criteria for a permanent visa.

Subclass 461 – New Zealand Citizen Family Relationship (Temporary) visa is a temporary visa for persons accompanying subclass 444 visa holders to Australia as part of the family unit. But unlike the subclass 444 visa (which remains in effect indefinitely) the subclass 461 visa is only a 5 year visa and therefore has to be renewed – see :

461.5  When visa is in effect  

461.511

Temporary visa permitting the holder to travel to, and enter and remain in, Australia for a period of 5 years from the date of grant.

Sometimes family members forget this and stumble into being unlawful if the subclass 461 visa is not renewed. Sometimes these people are long term unlawfuls!

Barbara DavidsonFraud convictions not a barrier to citizenship