A poor traffic history can prevent you getting citizenship – even though you have been granted permanent residency!

In a recent case of Patel and Minister for Immigration and Border Protection, it has been determined that a record of driving offences could mean that you will not be found to be of good character. If you have committed a number of driving related offences, the Department of Immigration can conclude that you are demonstrating a pattern of behaviour which suggests you are not of good character, and if they do so, you won’t get citizenship. In Patel’s case, he was refused Australian citizenship when the Department decided his traffic history demonstrated a flagrant disregard of Australia’s driving laws.

 

At the Migration Place, we are often engaged to help people respond to requests regarding demonstrating their good character in circumstances such as these. We have extensive experience in traffic matters through our traffic law and criminal law divisions, so we know exactly what needs to be said to help explain a history that might look worse than it actually is. For example, we can draft submissions which detail why you were speeding (faulty speedo, merging need to take an injured person to hospital, a recent death in the family). We can also arrange a defensive driving course to show you have taken measures to ensure your future time on Australian roads will not be plagued with speeding offences.
We can also offer you professional advice as to the best time to lodge a Citizenship application if you do have a pattern of offences. For example, Mr Patel was subject to a good behaviour bond at the time he made his application, and if he had waited until after that bond had ended, his case may have had a different outcome.

 

If you think you might have an issue with the good character requirements for a Citizenship application, please call our experienced migration lawyers on (07) 3229 4025 so we can assist you with making a successful application!