Mike Tyson may be unable to fulfill his speaking tour commitments in Australia due to his criminal record.
In 1992, he was sentenced to a 6-year jail term (of which he served 3) for raping Miss Black Rhode Island, Desiree Washington.
A person who has been “sentenced to a term of imprisonment for 12 months or more” falls under the definition of a “substantial criminal record”, and will face huge difficulties securing a visa.
If a person does not meet the criteria under the character requirements, then the DIAC can take into account a wide range of factors, including:
- The protection of the Australian community.
- Whether the person began living in Australia as a minor.
- The length of time the person has been living lawfully in Australia.
- Australia’s international law obligation.
- The nature of the offence, and how much time has passed since the offence was committed.
- Any mitigating or extenuating factors.
- The Judge’s comments at the time.
- Any rehabilitation issues or evidence of good character.
Tyson’s agent says: “(Tyson) is raising a lot of money for charity, there will be around 500 people employed locally because of his tour and he is travelling with his wife and two children so clearly he is no danger to society”.
Tyson has already travelled a large portion of the world on his speaking tour in which he addresses his sexual assault, subsequent jail term, rehabilitation and becoming a Muslim whilst in prison.
Tyson is not the only celebrity to have his visa questioned, with R&B singer Chris Brown refused entry into the United Kingdom two years ago after he was convicted for attacking his girlfriend Rhianna.
According to the Home Office, he was refused entry because he committed a serious criminal offence for which he received a sentence of 6 months of community service.
The lawyers at The Migration Place have extensive experience in preparing evidence and submissions seeking a waiver of the character provisions for clients with criminal and/or bankruptcy records.
Drink driving offences and hooliganism charges from the UK are quite common and should not impede the grant of a visa (if the submissions are handled properly of course).
We also help foreign people charged with criminal charges whilst in Australia, and can arrange criminal justice visas to allow you to stay here until the trial is heard, often with access to social welfare and medicare.
If you have a criminal record, or you are charged with a criminal offence whilst in Australia, then you need a migration lawyer with experience in criminal law.