Shoplifting Declaration

[starkid]

Hi all,

I got caught shoplifting in Australia when I was a student. The mall security called in the police and I was taken to the police station. I was then given a notice to appear in court to pay a fine and was ordered not to enter the mall for X amount of time. This happened over 10 years ago and unfortunately will not be able to provide any court documents or documentation.


I am unsure of how best to proceed regarding this incident and be frank and transparent. Could anyone please advise?


Thank you!

 

[21Goose]

You should apply for a police clearance certificate to see if you have a criminal charge on your history. If the certificate is clear, then it won't impact your application.

 

[starkid]

You should apply for a police clearance certificate to see if you have a criminal charge on your history. If the certificate is clear, then it won't impact your application.

I have applied for the police certificate from Australia a month ago but yet to receive.

If the certificate comes out clear, how should I disclose this on the sponsorship forms, and since I no longer have any documentation regarding this incident?

 

[k.h.p.]

You have committed, and been arrested, for a criminal offence. While it won't impact your sponsorship application, you must disclose it.

 

[starkid]

You have committed, and been arrested, for a criminal offence. While it won't impact your sponsorship application, you must disclose it.

Sure I get that, but how should I disclose this information on the forms? With a brief description? I do not have any documentation to provide CIC should they require it

 

[k.h.p.]

You're going to want to see if there are court records. There is a part on the application form where you check "yes" and explain.

 

[starkid]

You're going to want to see if there are court records. There is a part on the application form where you check "yes" and explain.

Thank you for your help! I will provide explanations in the forms

 

[starkid]

Hi all, I received a letter from CIC requesting the following:

[X] A letter detailing the description of events
[X] Proof of completion of sentencing including payment of fines
[X] Court judgment: Court judgment relating to the criminal charge/conviction
[X] Court documents showing the outcome of the offence

I have contacted a lawyer in Australia where the offence occurred and was informed that since the incident occurred over a long period of time (2004-2005) any documentation related might have been destroyed. I don’t have proof and the documents myself as I moved back to my home country after completing my studies in Australia, and by this time have lost or misplaced them.

I truly don’t know how to provide the documents that have been asked of me. And within the timeframe requested, by 3rd of February.

Could anyone please advise on how to tackle this issue?

 

[nayr69sg]

Hi all, I received a letter from CIC requesting the following:

[X] A letter detailing the description of events
[X] Proof of completion of sentencing including payment of fines
[X] Court judgment: Court judgment relating to the criminal charge/conviction
[X] Court documents showing the outcome of the offence

I have contacted a lawyer in Australia where the offence occurred and was informed that since the incident occurred over a long period of time (2004-2005) any documentation related might have been destroyed. I don’t have proof and the documents myself as I moved back to my home country after completing my studies in Australia, and by this time have lost or misplaced them.

I truly don’t know how to provide the documents that have been asked of me. And within the timeframe requested, by 3rd of February.

Could anyone please advise on how to tackle this issue?

Write a letter with an account detailing what happened from the offence to trial to judgment.

Then explain in your letter that it happened 15 years ago and that there are no records available.

If they insist on more information they will ask for it.

It also depends if this shows up on your police clearance certificate. It is highly possible that it wont. If it does not likely that IRCC will just accept your self declaration.

If it does show up then obviously there are records available.

Make sense?

 

[k.h.p.]

Write a letter with an account detailing what happened from the offence to trial to judgment.

Then explain in your letter that it happened 15 years ago and that there are no records available.

If they insist on more information they will ask for it.

It also depends if this shows up on your police clearance certificate. It is highly possible that it wont. If it does not likely that IRCC will just accept your self declaration.

If it does show up then obviously there are records available.

Make sense?

Very good answer.

Except that you need to first see if you can obtain the documents. Phone someone and ask. If they say the records are gone, detail that in your letter.

If they say the records exist and can be requested but won't be available by Feb 3, then request them abs when you reply to IRCC provide proof you've requested them and the estimated time that you'll have them.

 

[nayr69sg]

Very good answer.

Except that you need to first see if you can obtain the documents. Phone someone and ask. If they say the records are gone, detail that in your letter.

If they say the records exist and can be requested but won't be available by Feb 3, then request them abs when you reply to IRCC provide proof you've requested them and the estimated time that you'll have them.

I am not sure exactly how it works but if there are records would IRCC request that the Australian authorities send the records or information about the case directly to IRCC?

I know that in cases where physicians are requesting for a licence to practice and have declared that they have had complaints before with another province the College will ask that the corresponding college send details of the complaint directly to them.

It is to prevent tampering of the information by the applicant himself/herself?

Anyway the first step is to be open and honest about what happened and let IRCC know. They will proceed to let you know what other documents or information they need.

Do double check with the Australian authorities about obtaining court documents and other records if any. If the lawyer has tried and cannot get any records have the lawyer write an affidavit declaring this and send it to IRCC as well.

 

[k.h.p.]

I am not sure exactly how it works but if there are records would IRCC request that the Australian authorities send the records or information about the case directly to IRCC?

I know that in cases where physicians are requesting for a licence to practice and have declared that they have had complaints before with another province the College will ask that the corresponding college send details of the complaint directly to them.

It is to prevent tampering of the information by the applicant himself/herself?

Anyway the first step is to be open and honest about what happened and let IRCC know. They will proceed to let you know what other documents or information they need.

I'm mostly saying don't write IRCC a letter saying there are no records without first finding out if they're available.

 

[nayr69sg]

I'm mostly saying don't write IRCC a letter saying there are no records without first finding out if they're available.

He seemed to have checked on this with his lawyer. Although I think he should double check of course. But if there really is no record I would get the lawyer to sign an affidavit saying they tried to get information but were told there was none.

Or if the Australian courts can write a reply letter stating so would work as well. Basically third party of reliable source verifying your claim there are no records. Ask IRCC if they would prefer the documents sent directly to them or is it ok for it to go through yourself.

 

[21Goose]

Hi all, I received a letter from CIC requesting the following:

[X] A letter detailing the description of events
[X] Proof of completion of sentencing including payment of fines
[X] Court judgment: Court judgment relating to the criminal charge/conviction
[X] Court documents showing the outcome of the offence

I have contacted a lawyer in Australia where the offence occurred and was informed that since the incident occurred over a long period of time (2004-2005) any documentation related might have been destroyed. I don’t have proof and the documents myself as I moved back to my home country after completing my studies in Australia, and by this time have lost or misplaced them.

I truly don’t know how to provide the documents that have been asked of me. And within the timeframe requested, by 3rd of February.

Could anyone please advise on how to tackle this issue?

I find that quite surprising. Police/court records that are destroyed in 15 years? While I can go and look up English/Indian/US decisions from 200+ years ago?

I am not familiar with the Australian system, but it's odd. Still, if you can get a letter from an Australian lawyer backing you up, this could work.

 

[starkid]

Hi all,

An update regarding my situation; so I have luckily managed to get the documents that CIC has requested! After contacting my lawyer in Australia, I received the court documents wherein it showed that I completed the terms under the diversion program; a fine of AUD50 to the Salvation Army and letters of apology to the police and to the department store. I was told that this was merely a slap on the wrist and no criminal conviction was recorded and the matter was fully discharged by the magistrates court. I have submitted the files along with my written letter of explanation, the correspondence with my lawyer and my police certificate from Australia.

I hope that this is sufficient. I’m now wondering if CIC would view this the same way? Would CIC still require more documentation/explanations beyond this?

Thank you all very much for your help!