Visa refused due to a criminal conviction

[Ahmad_Mughal]

My application for extension is refused as there is a criminal conviction on my record.
I went to a store with my nephew who is 3 years of age. He put one item in the basket. I didn't realise and left the store.
I was stopped by the security guard and then I realised that there is extra item in my trolley. The price tag was intact as I have no intention to steal. The police came and they told me that if I will plead guilty then there will be minor fine otherwise I will have to go to court.
I pleaded guilty as I wasn't aware about the future consequences. Later on I received letter from court and I paid the fine. I thought that the matter is closed.
Now my application is refused under 322 (1A) and I have been told that I had failed to disclose the criminal conviction. I have been given 14 days for administrative review.


Any suggestion whether should I resubmit the application or file an administrative review. Many thanks.

[marcnath]

My application for extension is refused as there is a criminal conviction on my record.
I went to a store with my nephew who is 3 years of age. He put one item in the basket. I didn't realise and left the store.
I was stopped by the security guard and then I realised that there is extra item in my trolley. The price tag was intact as I have no intention to steal. The police came and they told me that if I will plead guilty then there will be minor fine otherwise I will have to go to court.
I pleaded guilty as I wasn't aware about the future consequences. Later on I received letter from court and I paid the fine. I thought that the matter is closed.
Now my application is refused under 322 (1A) and I have been told that I had failed to disclose the criminal conviction. I have been given 14 days for administrative review.


Any suggestion whether should I resubmit the application or file an administrative review. Many thanks.

That is a tough situation.

When did this happen ?

Clearly you did not mention it in the application form, which was the reason for the refusal.

Do you know if this is in your criminal record ?

Section 322 (1C) also triggers refusal if "they have, within the 24 months preceding the date of the application, been convicted of or admitted an offence for which they have received a noncustodial sentence or other out of court disposal that is recorded on their criminal record" which may apply to you.

Section 322 (1A) requires the CW to consult a senior officer and review it against the Harm Matrix. So, it is possible you have some arguments for AR. But you will need professional help. Talk to a solicitor about this.

[Ahmad_Mughal]

Many thanks for your reply.
I was unaware about the criminal conviction on my record otherwise I would have mentioned in the application form. I thought that I have been fined and matter is resolved/ closed.

The incident date was in early 2016.

[marcnath]

Many thanks for your reply.
I was unaware about the criminal conviction on my record otherwise I would have mentioned in the application form. I thought that I have been fined and matter is resolved/ closed.

The incident date was in early 2016.

It is unfortunate and I think unfair.

But take some proper legal advice.

All the best

[Ahmad_Mughal]

I have got legal advice and I has been advised to go for Administrative Review. Although I want to resubmit the application.
I am under impression that I should have provided the details through revised application. If I will be refused again then I will go for AR.
Can anyone suggest what would be the better option?
Many thanks.

[marcnath]

I have got legal advice and I has been advised to go for Administrative Review. Although I want to resubmit the application.
I am under impression that I should have provided the details through revised application. If I will be refused again then I will go for AR.
Can anyone suggest what would be the better option?
Many thanks.

Do the AR first. I still think there is a fair chance of approval based on the case worker guidance.
If that is refused, you can still do a new application and then AR if refused again.