A member asked over 8 years ago

Possible assault charge against juvenile and impacts on temporary visa

Hi, 16y/o on a temporary (2yr) visa from Thailand was involved in a schoolyard fight in which the other student was badly injured. Police have indicated a possible assault charge, but have not progressed. 16y/o is due to turn 17 at the end of October. There is concern as to 1) whether he could be charged as an adult if charges are delayed 2) whether the charge could adversely impact his residency application 3) as he is staying under his mum's temp visa, whether it has impacts on her application and 4) whether this has impacts on the mum's husband as the sponsor (he's an Australian citizen). Outcome sought is limit penalties for the assault and to not have residency affected. Thank you!

Law Advisor Research Team
Researchers at LawAdvisor

Hi there.It is the age when he committed the alleged assault which will be relevant to the charge, however that does not necessarily mean that his case will be heard by the children's court. This fact sheet has some information that might be helpful:http://www.yac.net.au/childrens-court-queensland/. It also has a number of support organisation that you can get in contact with for further information, such as Legal Aid or Community Legal Centres specialising in helping young people. A lawyer with experience in criminal law in Queensland would be able to tell you want the standard practice was.


Under Australia’s migration law, a visa can be cancelled if there is reason to believe the holder does not pass the “character test” at any stage during their stay. The character test is based on a set of criteria from the Migration Act 1958 (Cth). The Department of Immigration and Border Protection takes these criteria into account when making a determination on somebody’s character. These considerations apply equally to adults as to children and include:


  • Whether, having regard to the non-citizen's past and present criminal conduct and general conduct the non-citizen is not of good character.
  • Whether the person has a substantial criminal record.
  • Whether the person either has, or has had, an association with an individual, group or organisation suspected of having been, or being, involved in criminal conduct.
  • Whether there is a significant risk that the person will engage in criminal conduct in Australia, harass, molest, intimidate or stalk another person in Australia, vilify a segment of the Australian community, or incite discord in the Australian community or in a segment of that community.

If the police are successful in convicting the visa holder of an assault charge, this may go to a determination about his character. Legal advice from a lawyer who specialises in Migration law may assist you figure out what the risks are in your particular case, and how to mitigate them.


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You can use LawAdvisor to find a lawyer in your area by pressing the "Take Action" button through LawAdvisor - which opens in late October - we can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of service.

Answered over 8 years ago   Legal disclaimer

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