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Discussion Starter · #1 ·
Hi guys I got my Aus PR last year and I answered no for any court case pending.But in January I got released on probation for 6 months by an Indian court.My PCC was clear so I didn't mentioned about the case then.Do I need to reveal it now on my passenger card while arriving in Australia..will it create any probs that I didn't revealed it earlier?? Any legal opinion about this
 

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Hi guys I got my Aus PR last year and I answered no for any court case pending.But in January I got released on probation for 6 months by an Indian court.My PCC was clear so I didn't mentioned about the case then.Do I need to reveal it now on my passenger card while arriving in Australia..will it create any probs that I didn't revealed it earlier?? Any legal opinion about this
I think you should consult a MARA agent or lawyer

The stakes are too high

Cheers
 

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But if PCC is silent on that,will it still be a problem?? And is probation equivalent to conviction??
If I were in your shoes, I would consult a MARA agent and/or a criminal lawyer
I would not mind paying the fees as the stakes are too high

The final decision is yours

Cheers
 

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Hi guys I got my Aus PR last year and I answered no for any court case pending.But in January I got released on probation for 6 months by an Indian court.My PCC was clear so I didn't mentioned about the case then.Do I need to reveal it now on my passenger card while arriving in Australia..will it create any probs that I didn't revealed it earlier?? Any legal opinion about this
Unless you were actually sentenced to 12 months or more of imprisonment (whether or not that sentence was suspended) then you don't need to worry as the offence is not serious enough anyway.
 

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Unless you were actually sentenced to 12 months or more of imprisonment (whether or not that sentence was suspended) then you don't need to worry as the offence is not serious enough anyway.
Did you take into account that he probably hid the fact in his application that he had a court case pending against him when applying for PR

At least that's the impression I got from his opening post, as I don't think justice is delivered so fast in Indian courts, that a case may be filed and he can be convicted in a matter of few months
I may be wrong

Cheers
 

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Did you take into account that he probably hid the fact in his application that he had a court case pending against him when applying for PR

At least that's the impression I got from his opening post, as I don't think justice is delivered so fast in Indian courts, that a case may be filed and he can be convicted in a matter of few months
I may be wrong

Cheers
No, I assumed that the charge was brought after he got PR.

If that is not the case, and he was charged before that, and if the pending charge was not mentioned in his visa application then the matter could be more serious.
 

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No, I assumed that the charge was brought after he got PR.

If that is not the case, and he was charged before that, and if the pending charge was not mentioned in his visa application then the matter could be more serious.
Let's wait for the clarification from the OP

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Hi guys I got my Aus PR last year and I answered no for any court case pending.But in January I got released on probation for 6 months by an Indian court.My PCC was clear so I didn't mentioned about the case then.Do I need to reveal it now on my passenger card while arriving in Australia..will it create any probs that I didn't revealed it earlier?? Any legal opinion about this
I would like to recommend you to consult a MARA Agent in this case. This is serious matter, hence better spend some money and take an appointment with MARA.
 

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As per my knowledge, a probation is just like a bail and in both cases person is not allowed to leave the country before finalization of the criminal proceedings, otherwise court may declare you bail offender and will issue arrest warrants against you. Better research deeply now instead of regretting later.
 

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Discussion Starter · #12 ·
As per my knowledge, a probation is just like a bail and in both cases person is not allowed to leave the country before finalization of the criminal proceedings, otherwise court may declare you bail offender and will issue arrest warrants against you. Better research deeply now instead of regretting later.
My bail had no restriction for foreign travel and I even went to OZ when the case was pending to activate my PR..My probation period will end on 30th July and I m planning to apply by september
 

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Yaa I never mentioned it in my PR application as my PCC had no adverse report.. Can I USE IT as my defence now??
Your defence would be that because the PCC did not mention the Case, you had amnesia and totally forgot about the case ?

If that is the best defence you have, I think my original advise of consulting a Mara agent and/or a criminal lawyer holds good

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Discussion Starter · #14 ·
My query is whether they will be able to find my conviction either as even if is in my records now it will be removed once my probation gets over..
 

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Discussion Starter · #15 ·
Hi guys I got my Aus PR last year and I answered no for any court case pending.But in January I got released on probation for 6 months by an Indian court.My PCC was clear so I didn't mentioned about the case then.Do I need to reveal it now on my passenger card while arriving in Australia..will it create any probs that I didn't revealed it earlier?? Any legal opinion about this
Unless you were actually sentenced to 12 months or more of imprisonment (whether or not that sentence was suspended) then you don't need to worry as the offence is not serious enough anyway.
so you mean if I had probation for 12 months then I would have been disqualified from getting PR
 

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so you mean if I had probation for 12 months then I would have been disqualified from getting PR
Normally, it would mean that if you were sentenced to a term of at least 12 months imprisonment, then you would be considered to have a serious criminal record. It is the period of the sentence, rather than any actual time in prison, that is considered.

If a person has been sentenced to 12 months or a longer term (of imprisonment, not of any other punishment), whether they serve this sentence or not, DIBP would then usually have to decide whether to refuse or grant the visa application.

Rather than guess what might be the outcome (which will depend very on your sentence and situation), you would be best advised to consult a reputable MARA-accredited migration agent for advice. :)
 

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Normally, it would mean that if you were sentenced to a term of at least 12 months imprisonment, then you would be considered to have a serious criminal record. It is the period of the sentence, rather than any actual time in prison, that is considered.

If a person has been sentenced to this or a longer term, DIBP would then usually have to consider whether they would refuse or grant the visa application.

Rather than guess what might be the outcome (which will depend very on your sentence and situation), you would be best advised to consult a reputable MARA-accredited migration agent for advice. :)
In my opinion his bigger problem is the wrong information submitted in The application in Form 80 when asked if any criminal charge is pending against him
He has said no although there was one

How does he explain this amnesia ?

Cheers
 

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Discussion Starter · #18 ·
Normally, it would mean that if you were sentenced to a term of at least 12 months imprisonment, then you would be considered to have a serious criminal record. It is the period of the sentence, rather than any actual time in prison, that is considered.

If a person has been sentenced to this or a longer term, DIBP would then usually have to consider whether they would refuse or grant the visa application.

Rather than guess what might be the outcome (which will depend very on your sentence and situation), you would be best advised to consult a reputable MARA-accredited migration agent for advice.
In my opinion his bigger problem is the wrong information submitted in The application in Form 80 when asked if any criminal case is pending against him
He has said no although there was one

How does he explain this amnesia ?

Cheers
can this be the basis of deportation??
 

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In my opinion his bigger problem is the wrong information submitted in The application in Form 80 when asked if any criminal charge is pending against him
He has said no although there was one

How does he explain this amnesia ?

Cheers
This too, is why he may wish to consult with a Migration Agent. :)
 

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Discussion Starter · #20 ·
The problem is that I have resigned from my well paid job in India for immigration and now I have encountered this situation.. fingers crossed now
 
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