Age Waiver & Character Issues & 856 Visa & Conditions waived

September 15, 2021 - Unreported Cases

The applicant was nominated for a subclass 856 visa by his employers. However, there were two issues that were facing the applicant in his application – he had to overcome an age waiver, as he was over the age of 45 years, and he had to overcome a character issue, as he had been found guilty of committing assault in the past.

We submitted that the applicant’s nominated position was a highly specialised occupation, requiring the employee to have a strong background in international security. The applicant worked in the area of international security work for a number of years, and his years of field work experience meant that he had the requisite skills and knowledge which would not easily be replaced by another person in the same area of work. Hence, if the age requirement were not waived, this would create substantial hardship to the employer.

Another issue that had to be overcome was regarding the applicant’s character. The applicant was had one offence of assault. This offence would be identified as a character flaw. Our office submitted that this offence was only committed in self-defence and we emphasized the applicant’s otherwise clean police record.

The Department accepted our submissions – the age waiver was granted, the character issue submissions were acknowledged, and the applicant’s 856 visa was granted.

Originally posted on May 15, 2011 @ 2:00 pm