# Citizenship Application - Police Check Question



## TheRang (Jan 2, 2013)

I'm currently on PR here and my wife is on a temporary spousal visa. Sadly we had a bad argument which ended in a fight recently and she ended up taking out an intervention order on me to prevent it happening again...we both know its really bad what happened and that the police got involved, and that this ended up in civil court like it did. 

What I'd like to know - and I appreciate this is a serious matter - is whether an application for a) her permanent spousal visa and b) my Australian citizenship, both coming up this year, are likely to be affected by this incident. 

Also will it show up on the Crimtrac/LEAP police checks given its not a criminal record as such, i.e. its a civil intervention order (granted with consent but no admissions)? 

And if is does come up is it a straight refusal by DIAC or will we be given a chance to demonstrate we are in a loving and continuing relationship, etc? 

Thanks.


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## TheRang (Jan 2, 2013)

Thanks Kttykat. Are you suggesting I contact him through his agency website though? If so I'd prefer to see if I can get some advice from the people on this forum first...unless you are basically saying this is too complicated/serious and not the right place for this type of question...


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## Boboa (Mar 24, 2009)

Hi Rang, criminal convictions and those that have a 12 months of sentence attached (or equivalent) are affecting applications you mentioned. Don't know what happens between you two, but unless you had family violence involved this shouldn't fall within this field. 

Since she is the one who took the order her application will not be affected unless you end your relationship. Please be mindful that if you are in doubt of the relationship it is your responsibility as a sponsor , and not hers, to notify DIAC. DIAC will usually approach both sides and provide you with cooling off period.

Probabily it's worth seeking professional advice depending on severity of the issue. 

This is not an immigration advice


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## TheRang (Jan 2, 2013)

Thanks Boboa. 

It is not a criminal record, its a civil intervention order related to family violence though. After doing some more of my own research online I dont think it will show up on a LEAP police check, as its a civil matter only, no criminal charge has arisen.

A migration agent/lawyer sounds like it might be necessary though, at least for initial advice/consultation on whether I do really need their services I guess.

However if anyone has any advice/similar situations they've heard of or experienced on whether this type of court order (intervention order) affects a spouse visa and/or citizenship application I'd appreciate any more feedback?


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## MarkNortham (Dec 19, 2012)

Hi TheRang -

Your case is right on the edge re: citizenship. Will likely depend on the exact nature of the proceedings, whether any aspect of what was done qualifies as an "offence" in Australia, whether the proceedings are 100% finalised at the time you apply, and whether the proceedings have stipulated that you are required to maintain any particular behaviour going forward (good behaviour, etc). The law in this area is quite specific, and a detailed look at the entire court file of your case would be advisable in order to determine exactly how your case fits into the existing law and regulations. From the limited info you've posted, it sounds as if it will not be an issue, however as they say, the devil is in the details.


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## TheRang (Jan 2, 2013)

Hi Mark & thanks so much for your reply.

I am now confident this incident will not affect my wife's permanent spousal visa application after researching more yesterday, but the citizenship application is more of a worry for me now...

As I mentioned so far this has only gone to a civil court and an intervention order was issued with no a further violence condition, if its breached then its arrest and possible fine/prison. I don't believe an intervention order will show up on a citizenship application police check (after doing some reading on this yesterday afternoon) as its not a criminal charge as such. However IF the criminal proceedings go ahead (as VicPol want them to but my wife is requesting they withdraw it) then there are a few permutations:

a) A guilty charge to assault
b) Proceedings still pending
c) A non guilty charge to assault
d) Case withdrawn by victim/police

My understanding is that a + b will show up on police checks, but c + d will not and therefore won't affect a citizenship application.

I guess at the end of the day even if this does go to court and subsequently come up in police checks during my application then hopefully I would be given a chance to explain to Immi what happened...after all - although this was obviously wrong and I would've broken the law if I'm found guilty - I'm not a terrorist or a lifelong criminal who's been in out of prison for example. There must be plenty of people applying who have done worse in their past I imagine...and are still granted citizenship. Like you say though, the devil is in the detail...so if I can explain what happened and the circumstances, whats been done to prevent it from happening again (counselling, intervention order, etc), and also my employment record and past good behaviour/character (no other criminal record) then hopefully Immi would see I am not a risk to Australia, its people or my own family.

Anyhow Mark, if I needed to engage your professional services to look at my case if it does go to court, what's the best way to do so?


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## kttykat (Oct 30, 2012)

Boboa said:


> Hi Rang, criminal convictions and those that have a 12 months of sentence attached (or equivalent) are affecting applications you mentioned. Don't know what happens between you two, but unless you had family violence involved this shouldn't fall within this field.
> 
> Since she is the one who took the order her application will not be affected unless you end your relationship. Please be mindful that if you are in doubt of the relationship it is your responsibility as a sponsor , and not hers, to notify DIAC. DIAC will usually approach both sides and provide you with cooling off period.
> 
> ...


I noticed that my post was deleted and I assume you deleted it because I was suggesting that he contact Mark Northam directly. I am sorry if I am not supposed to refer people off forum but I thought his case needed some professional advice. I won't do that again, I will just suggest cases like his to PM Mark here if that is OK?

If the post was deleted for some other reason (I can't even exactly remember what I wrote), then PM me or post here to let me know why so that I don't do it again whatever it was 

Kttykat


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## MarkNortham (Dec 19, 2012)

Hi TheRang -

Your assessment is good - one key thing to remember is that the key to disclosure on the application is not necessarily whether it will show up now or later on the AFP check, but how whatever court proceedings and the resultant orders intersect with the law & regulations regarding character (that's the over field this is included in) for citizenship applications - interestingly the character provisions for citizenship are substantially different than the character requirements for visa applications as it's different law (Citizenship Act vs Migration Act).

Would be happy to assist if you'd like - you can PM me here for more info & to discuss.



TheRang said:


> Hi Mark & thanks so much for your reply.
> 
> I am now confident this incident will not affect my wife's permanent spousal visa application after researching more yesterday, but the citizenship application is more of a worry for me now...
> 
> ...


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## TheRang (Jan 2, 2013)

Hi Mark,

I've had a good read of a useful link I found (which some of your terminology put me onto) on the citizenship site, a document called "acis-may-2012.pdf" ...in particular chapter 10, and I think I will wait until the dust settles over the next few weeks - with regard to whether the criminal charge is withdrawn or not - before I start my application anyway. 

If there are criminal charges laid then I will get in touch with you to see what my next steps should be and how I can present a good case with my application perhaps.

Thanks again.


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## MarkNortham (Dec 19, 2012)

Yes - the Australian Citizenship Instructions (ACI's) - this is the companion law to the Australian Citizenship Act,, much as the Migration Regulations 1994 are the companion law to the Migration Act 1958. It's heavy reading, but very useful in citizenship cases.

Good luck with all - I think you're definitely on the right track.



TheRang said:


> Hi Mark,
> 
> I've had a good read of a useful link I found (which some of your terminology put me onto) on the citizenship site, a document called "acis-may-2012.pdf" ...in particular chapter 10, and I think I will wait until the dust settles over the next few weeks - with regard to whether the criminal charge is withdrawn or not - before I start my application anyway.
> 
> ...


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