A5.30 Applications usually deferred

Applications for a residence visa or residence permit will usually be deferred for up to 6 months if, at the time the application is assessed:

1. the applicant (see R2.1.5) has an arrest warrant (or the equivalent) outstanding in any country; or
2. the applicant:
   1. has been charged with any offence which, on conviction, would make either A5.20 or A5.25(a) to (f) apply to that applicant, or
   2. is under investigation for such an offence, or
   3. is wanted for questioning about such an offence; or
3. the applicant is applying for residence under the Family or Humanitarian categories on the basis of their relationship to a person whose residence status is under investigation at the time of assessment of the Family or Humanitarian category application. In such cases, if the investigation cannot be finalised within the initial six month deferral period the application may continue to be deferred until it is.

A5.30.1 Action

The visa or immigration officer must:

1. defer the decision on the application for up to 6 months

   Note: this does not require granting the applicant a temporary permit: (see relevant temporary entry policy E6.5); and

2. await the outcome of the charge, investigation or questioning, or await cancellation or execution of the arrest warrant; and
3. if removal of the character impediment is confirmed, continue processing the application normally; and
4. if the character impediment is not removed, assess the application as in A5.25.1 at the end of the deferral period.

   Note: nothing in this policy applies to granting a residence permit to a person with a current returning resident's visa.

Effective 01/07/2001