# Visa Applicant Character Consideration Unit (VACCU) in Melbourne



## Greg Forrest (Jan 13, 2016)

Hi guys!

This is my first post as a new member.

I moved to New Zealand 7 years ago form England and am now a permanent resident of New Zealand.

Before my 31st birthday(29/09/15) i applied for a Working Holiday Maker in Australia. I was then asked to submit police certificates from the UK and NZ as i have 2 convictions for drink driving in NZ and no convictions in the UK. This was the first and 2nd time i had never been in trouble with the law in any country and am still highly ashamed of my actions a couple of years ago. I have not been in trouble with law since and do not intend to be dealing with them again.

My WHM application was forwarded to the Visa Applicant Character Consideration Unit (VACCU) in Melbourne for assessment due to my convictions in New Zealand. I have never been to prison in any country. i served a 6 and 12 month driving ban for DUI and completed a 6 month probation scheme with a probation officer to talk about my convictions etc and address the problems i had then, WE would meet once every 2 weeks for half an hour maximum. 

So my question is, in everybody else’s past experience with the Australian Immigration, how likely are they to refuse my WHM application for my drink driving convictions an secondly how long should this process take at VACCU, they received my application from the department of immigration and border protection Perth on 17/12/15

Sorry for such a long post but am becoming a little nervous that it is taking so long.

I would like to hear from anybody that would be willing to give me any information and would be willing to answer any questions you have for me.

I look forward to hearing from you.

Regards

G


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## Jeremy Hooper (Jul 10, 2014)

As long as you haven't been sentenced to at least 12 months in prison (whether served or not) then you should be OK. If your driving bans were the equivalent of a prison sentence then you will have a problem.


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## Greg Forrest (Jan 13, 2016)

Hi Jeremy

Thank you very much for your reply.

So you say if i haven’t been sentenced to a 12 month prison term i should be fine - i have definitely not been sent to prison for any amount of time.

You then say - If your driving bans were the equivalent of a prison sentence then you will have a problem - i was banned from driving for a total of 18 months(1 x 6 months and 1 x 12months) how can this be in the same category as a prison sentence? Surely a prison sentence is a prison sentence and a driving ban is a driving ban?

At the end of the day drink driving is a social crime and in a way i am now a criminal as i have been arrested and charged for a criminal offence, but in my eyes and probably a few others i wouldn’t class myself as a criminal, i am a good hardworking person that has made 2 mistakes throughout my 31 years of existence?

Regards

Greg


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## Greg Forrest (Jan 13, 2016)

A prison term was never even thought of or discussed in any of my court appearances.


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## Jeremy Hooper (Jul 10, 2014)

Then you should be fine ..


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## Greg Forrest (Jan 13, 2016)

Hi Jeremy

Thank you for your prompt reply.

Yeah i mean i also supplied a hand written letter explaining my actions about the convictions and explained about why i did what i did and that i truly still feel remorseful for my actions to this very day as i type this now. I moved to NZ on my own when i was 24 years old on a one way ticket and gained permanent residency a couple of years ago. it has been a long challenge but 1 that i have accomplished, so hopefully the Australian Immigration will see this and understand that i am a hard working individual that has only had around 2 months off work between jobs over the last 7 years in NZ. So fingers crossed that i get the 12 month visa because i can give a lot to any country that i reside in.

I tried looking for a phone number to contact VACCU in Melbourne but can not find anything to ask how long the process may take. From your experience do you know how long it could take, or is just when my application gets to the so called ‘top of pile’?

Regards

Greg


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## Jeremy Hooper (Jul 10, 2014)

It comes under Section 501 of the Migration Act (1958). If you hace been sentence to 12 months or more (served or not) then you fail the character test . And then you have a probem . Ifv you Google the Migration Act you will things it on Comm Law . Read section 501 and see what you think.


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## Greg Forrest (Jan 13, 2016)

Hi Jeremy

Ok i understand a little more now.

So according to Section 501, 

Periodic detention

(8) For the purposes of the character test, if a person has been sentenced to periodic detention, the person's term of imprisonment is taken to be equal to the number of days the person is required under that sentence to spend in detention.

Residential schemes or programs

(9) For the purposes of the character test, if a person has been convicted of an offence and the court orders the person to participate in:

(a) a residential drug rehabilitation scheme; or

(b) a residential program for the mentally ill;

the person is taken to have been sentenced to a term of imprisonment equal to the number of days the person is required to participate in the scheme or program.

So this is saying even though i haven’t been to prison my driving ban of 18 months is the same as an 18 month prison sentence???

Also i read that i have 2 convictions for the same offence.

I think then i will not be getting the visa ay?

Regards

Greg


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## Greg Forrest (Jan 13, 2016)

Hi Jeremy

Can i send you a personal email showing you my Police Certificate from NZ and see what you think?

Regards

Greg


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## aaronpark0812 (Jan 16, 2016)

Hi, 

I am just curious how you found out that your WHM application is sent to the VACCU? because I am also waiting for my visa 573, but there was no way for me to find out what the status is except that it is still under review (assessment in progress on immiaccount)


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## wrussell (Dec 31, 2014)

Applicants can fail the character test on account of 'past and present general conduct' or if the minister 'reasonably suspects' that various conditions apply, without them having received any sentience for any offence.


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## aaronpark0812 (Jan 16, 2016)

When they fail the character test, are the applicants notified that their application is sent to vaccu for further assessment? Also, what are the criteria for past and present general conduct/ criminal conduct? (12 months or more imprisonment?)


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## Wolly23 (Feb 9, 2017)

Hi, can anyone tell me how to contact Vaccu directly?


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## Indian62 (Feb 27, 2017)

I applied for partner visa offshore inApril 2015 . My fifile git opened in march 2016 .Case officer asked to provide relationship update and we did so. In April 2016 received a letter from the case officer that my application will be forwarded to VACCU. as I had some repeated driving offences when I used to live in Australia before. In January 2017 I recieved a notice of intention to consider refusal and given 28 days to coment or provide relevant information on why i think my visa should not be cancelled. We have submitted all the information to VACCU. My rehabilitation certificate ,other supporting documents and my wife's circumstances, All the circumstances and grounds which should be taken into account while making a decision. Is anyone who knows is there any chances of returning the application from NOICC to the normal processing area as i think they were only driving offences ,never been to the prison and other considerations as well . And how long does it takes after the submissions to get the decision.


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