Why is the advice given by previous rma regarding travelling

Reference no: EM133532577

Problem

Mark has lived in Australia for around 10 years. He obtained permanent residence on the basis of a relationship with his former partner who sponsored him for a combined Partner (subclass 820/801) visa. Mark's travel facility on his partner visa is no longer in effect, so Mark has applied for a five-year Resident Return (subclass 155) visa (RRV) to travel to the United Kingdom (UK) to see his sick father. Mark was recently charged with an Assault Occasioning Actual Bodily Harm in a domestic violence related incident against his former partner, who contacted police after an argument at a restaurant. The police, because of the charge against Mark, have also applied for an Apprehended Domestic Violence Order (ADVO) to protect Mark's former partner from further assault. The court date for the assault charge is set for 7 weeks in Sydney. Mark lodged the RRV application online, before he was charged by police and has now been asked to provide an Australian Federal Police (AFP) Check as part of that application. Mark has booked a flight to the UK next week. He cannot wait for the RRV decision because his father is seriously ill. Mark has booked a return ticket booked to Sydney a week before his court date.

Question I: Does Mark have a legal obligation to inform the Department about the assault charge? If so, under what section of the Migration Act? Could there be any negative consequences if Mark does not inform the Department about the criminal charge that was brought against him after his application for the RRV was lodged with the Department? If so, describe what those consequences might be

Question II: What are the risks if Mark was to travel to the UK without the RRV being granted?

Mark's previous RMA advised that he can apply for an Electronic Travel Authority (ETA) and when arrives back in Australia he can await a decision on the RRV. The previous RMA also advised that Mark should provide a AFP Check that he obtained a few months ago for a job application. The older AFP Check won't show any pending charges and will mean he can hopefully obtain the RRV quicker than if he waits for the results of the court case. Mark seeks your advice.

Question III: Why is the advice given by the previous RMA regarding travelling back to Australia on an ETA incorrect? What could stop Mark from obtaining an ETA in the UK? Cite legislation in your answers

Question IV: What considerations, if any, are relevant when applying for an RRV with a pending court matter?

Question V: What would you advise Mark to do in this scenario?

Question VI: What processing times should Mark be advised about in relation to this scenario and why?

Reference no: EM133532577

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