The Department Of Immigration And Border Protection Essay

1483 Words Oct 16th, 2015 null Page
I am writing to you regarding the letter you received from the Department of Immigration and Border Protection (DIBP) namely the Notice of Intention to Consider Refusal (NOITCR) under s 501(1) of the Migration Act.

I will explain what this NOITCR letter means, why it was issued, what we need to do in response and the consequences of either a positive or negative decision. I will also address any review rights and bridging visa issues.

This is a letter from the DIBP seeking further information with which to assist the decision-maker who is a delegate of the Minister in determining whether or not to refuse Jorani’s Partner visa application on character grounds.

When an application for Jorani’s Partner visa was made, Jorani was assessed under the schedule 2 requirements ‘criteria to be satisfied at time of decision’ against what is called ‘public interest criteria 4001’ where Jorani must either: Satisfy the Minister that she passes the character test, or; the Minister has decided not to refuse to grant a visa to the Jorani despite the Minister not being satisfied that she passes the character test.

The problem occurred when Jorani provided her Cambodian police clearance, which showed that Jorani was convicted of bribing a public official on two occasions and consequently spent a period of 14 months (non-parole) in jail, as this term was 12 months or more Jorani is classified as having what is called a ‘substantial criminal record’, and as a result of having a…

Related Documents