Partner Visa Refusal – Recklessly drove and and a person got killed – Criminal Record

This is one of a recent visa refusal decision given by both the Department and the Administrative Appeal Tribunal.

Facts:

  • The guy is from Vietnam. Around 33 years old. Came to Australia in 2013 (when he was 28) – was sponsored by his wife when he came on a partner visa.
  • He married in Vietnam in 2011. Have a kid with his wife in 2012.
  • Dude is a body-builder – from poor family – opened his own gym and met his wife in 2009 when he traveled to Aus on a business visa
  • After he came, he & the wife & wife’s 2 kids (not his) and his kid lived together in Melbourne
  • From 2013 (when he came) to 2015, dude got in trouble with the police many times: from unlawful assault (got no conviction but fine of $300), fail to stop motor vehicle after accident (got imprisoned 4 months), drive in dangerous manner causing dead (got imprisoned 40 months), possess prohibited weapon (fined $2500) and others.
  • for his biggest charge – driving dangerously, when he drove he was drunk (with vodka) and after a few missed accidents, somehow someway his friend fell out of the car – hit his head and got another car ran over his friend.

Partner visa requirements: Character test

  • Good character, among other things, means not having a substantial criminal record of 12 months or more (sections 501(6)(a) and 501(7)(c) of the Migration Act.
  • Not good character = does not pass character test = visa may or may not be refused depending on past and current behaviour
  • will look at children (there is one in this case), protection of other Australians and expectation of the Australian society

Result

  • Visa refused – appealed and the appeal was not successful

Lesson

  • be VERY wary about criminal and traffic record if you are on a visa or if you want to apply for a visa

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