This is one of a recent visa refusal decision given by both the Department and the Administrative Appeal Tribunal.
- 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
- Visa refused – appealed and the appeal was not successful
- be VERY wary about criminal and traffic record if you are on a visa or if you want to apply for a visa