Immigration cases which have been refused due to criminal proceedings can be challenged at the Tribunal in the appeal hearing if they are spent.
It means that the some criminal conviction being spent if there has been no record of subsequent criminal activities since the first one was registered.
It allows you to tick in the applications forms as ''NO'' criminal convictions once it is considered spent under the Rehabilitation of offenders ACT 1974
The table underneath will help you to understand if your conviction is spent.
It means that the some criminal conviction being spent if there has been no record of subsequent criminal activities since the first one was registered.
It allows you to tick in the applications forms as ''NO'' criminal convictions once it is considered spent under the Rehabilitation of offenders ACT 1974
The table underneath will help you to understand if your conviction is spent.
The following sentences become spent after fixed periods from the date
of conviction.
|
Rehabilitation Period
|
|
Sentence
|
Over 18
when convicted |
Under 18
when convicted |
Prison
sentence (including suspended sentences)
6 months to 2.5 years |
10 yrs
|
5 yrs
|
Prison
sentence (including suspended sentences)
6 months or less |
7 yrs
|
3.5 yrs
|
Fines,
probation, compensation, community service, reparation orders, curfew orders
|
5yrs
|
2.5 yrs
|
Absolute
discharge
|
6 mths
|
6mths
|
Please
note: Custodial sentences of more than two and a half
years never become spent.
A
custodial sentence, also known as a sentence of imprisonment, or detention,
is where the offender is detained in custody for a period of time.
|
Never
|
Never
|
This act has helped many to reinstate their visas and decisions when the assessing officer is deprived with the knowledge of this particular law.
