Dear Sir/Madam, I provide this submission on behalf of Mr Gerry Mitchell in response to the Notice of Intention to Consider Refusal of his application for Partner Visa (Class UK) (Subclass 820) on the grounds of subsection 501(1) of the Migration Act 1958 (Cth)”the Act”, dated [date of NOICR]. Introduction Mr Mitchell was convicted and sentenced to a total of 14months imprisonment on four offences: three months for resisting police in March 2013, three months for criminal damage in May 2014, and four-months imprisonment on twoconcurrent sentences for aggravated burglary and recklessly causing injury in June 2015.
Under section 501(7)(d) of the Act, a person has a substantial criminal record if the person has been sentenced to 2 or more terms of imprisonment, where the total of those terms is 12 months or more. Consequently, a person who has a substantial criminal record does not pass the character test as per section 501(6) of the Act. Mr Mitchell acknowledge that he failed the character test due to his convictions and combined imprisonment of more than 12 months on the said offences.
In view of this, we would like you to exercise your discretion not to refuse his Partner visa pplication under the guidance of Ministerial Direction No. 65. A refusal decision on his Partner visa application on the grounds of section 501 will cause significant effect on his existing subclass 444 visa as it may be cancelled under section 501F(3). Mr Mitchell earnestly hopes that the following factors and information will be taken into consideration in making your decision. 1. Protection of the Australian community A. The nature and seriousness of the conduct Mr Mitchell had a good upbringing and was not in trouble with the police during his early adolescence.
He was a keen graphic designer by profession, but his inability to find a job in this field made him hang out with the wrong crowd and eventually got himself involved with unlawful acts. His first minor offence of theft which he committed in his late teens was not charged with conviction and was adjourned on a fine of $1000 good behaviour bond. The succeeding offences he committed were at the lower end of the scale of sentences where he was imprisoned for three months in 2013 and 2014, and four months on two concurrent sentences in 2015.
He was never convicted of heinous and/or sexual crimes but rather with minor offences mostly on crimes against property. He has not hurt vulnerable members of the community such as minors, elderly and disabled. Mr Mitchell has also been honest and disclosed all his criminal history in his application, and has not provided any false or misleading information to the Department. B. Risk to Australian community should the noncitizen commit re-offending or engaging in other serious conduct Mr Mitchell deeply regret the bad decisions he made in the past and has decided to start anew.
The birth of his firstborn child, George, from his Australian partner, Sally, served as his wake-up call to straighten up his life (attachment 5). They decided to get married, live together, and commit into a serious relationship for the sake of their son and his bright future (attachment 3). After becoming a new father, his perspective has significantly evolved bringing out positive changes towards his outlook and focus. As part of his reform, he is currently enrolled in Royal Melbourne Institute of Technology (RMIT) taking up Bachelor’s degree in Accounting (attachment 2).
He also works as a part-time employee at his father’s Accounting business firm, Peter’s Numbers, to gain practical experience (attachment 6). Mr Mitchell’s family noticed the big difference on the way he sees life. From being a person with anger issues, alcohol problem and run-ins with the law, he has completely turned around into a sober and patient man. This was the result of his hard work and commitment to change as he had finished an anger management course in Melbourne (attachment 8).
His wife attested that he stopped consuming alcohol since the birth of their son (attachment 10). He also underwent clinical sessions with a psychologist who gave positive feedback that with continuous treatment and unrelenting support from his parents and family, Mr Mitchell will be able to manage his anger issues completely (attachment 9). There is a very low risk that Mr Mitchell would re-offend as he is dedicated to start with a clean slate. Since his last offence in June 2015 he has never been in trouble with the police and has continued to be a law-abiding citizen. . Best interest of minor children in Australia Mr Mitchell and his wife Sally, has one newborn child named George. From the moment, he heard the news that he is going to be a father, the couple committed to be the best parent for their offspring. Mr Mitchell is a very hands-on father to George. He is his absolute source of joy, strength, and inspiration. He looks after his son in every way that he can from changing diapers, feeding, bathing, running errands, and taking him to doctor for his routine check-ups.
He makes sure that his family is well taken care of physically, emotionally, and financially. He has also started saving money from the wages he earned being employed in his father’s business (attachment 12) and his father, Peter, intends to employ him as a Full-time accountant so he can take over their business in the future (attachment 11). Mr Mitchell has developed a strong bond with George. His presence in his son’s life plays a huge factor in making sure that he will have a healthy and happy upbringing.
A refusal decision on his visa application could bring negative impact on the welfare of his son as George will lack the support and attention from him. Attached are the pictures of Mr Mitchell with his family which demonstrates his love for them and most especially his ardour for his son (attachment 4). 3. Expectations of the Australian Community The Australian community expects non-citizen to obey Australian laws while they are in Australia. Although Mr Mitchell had made wrongdoings in the past and had issues breaching the law, he realised his mistakes and is now committed to reforming into a better person.
The Australian community can expect positive contributions from Mr Mitchell which he has already started by being a decent member of the society, paying his taxes diligently and by studying in an Australian university. He is also eager to learn and expand his horizon as he is being honed by his father to manage their thriving family business which can benefit the community as it helps the people employed in the business. 4. Impact on Family Members Mr Mitchell’s parents are both permanent residents who arrived in Australia from New Zealand on subclass 444 visa.
Mr Mitchell’s mother, Ingrid, currently suffers from Parkinson’s disease and is very frail. She is wheelchair bound and has been very depressed due to her medical condition (attachment 7). As per declaration of Ingrid, her son’s presence in Australia alleviates her depression and anxiety as she can keep an eye on him and her grandson, George (attachment 11). Since Mr Mitchell move into his parent’s house after he got married, he has been a tremendous help in taking care of his mother by helping her move around the house and attending to her needs.
He also has no living relatives other than his parents and he has lost contact with all his friends in New Zealand. His parents particularly his mother, would be devastated and can have mental and emotional breakdown if she is physically separated from him. His Australian wife and son will also experience financial and emotional hardship should he be separated from them as he is the sole provider in their family. His family needs his presence in their lives especially George who needs nurturing and protection in his tender years. Supporting documents The following documents are enclosed in support of this submission:
1. Form 956 2. Enrolment Form of Gerry Mitchell – Bachelor degree in Accounting at RMIT 3. Marriage certificate of Gerry and Sally 4. Photos of Gerry Mitchell and his family 5. Birth certificate of George Mitchell 6. Employment records of Gerry Mitchell at Peter’s Numbers accounting firm 7. Medical report of Ingrid Mitchell 8. Anger Management course completion report 9. Gerry Mitchell’s clinical psychologist report 10. Statutory Declaration by Gerry Mitchell’s wife, Sally 11. Statutory Declaration by Mr Peter Mitchell and Mrs Ingrid Mitchell, Gerry’s parents 12. Bank statements Conclusion: Mr Mitchell is blameworthy and remorseful of his wrong actions in the past.
He is committed to turn his life around and strive to become a better person. Mr Mitchell together with his family, urge the decision-maker not to refuse his Partner visa application and consider the reasons presented in this submission. Mr Mitchell’s family is his life, and the grant of his partner visa application will serve as the catalyst in his moving forward to the right direction. Respectfully yours, Lotis Macatangay MARN 1112468
