Registered Offender Overseas Travel Application – Approved
The client submitted a Registered Offender Overseas Travel Application pursuant to s271A.1 of the Criminal Code. This application was initially rejected by the Sex Offenders Registry. He then came to us for assistance and we submitted a fresh Registered Offender Overseas Travel Application on his behalf so that he could travel to England on a certain date. This was ultimately approved.
Jessica Clothier acted on his behalf.
During the submissions, the vital key points were included:
- the proposed holiday is a trip and to be done with the client’s immediate family for the purpose of visiting his sick mother;
- the trip is also for the purpose of attending the client’s best friend’s wedding;
- the client will be with his wife and mother for the period of vacation, all of whom offered a high level of support and have indicated that they are willing to give an undertaking that should the client be out of contact for any period of time, they will immediately notify the informant;
- since his conviction, the client has complied fully with his obligations as a registered sex offender and has not been involved in any further incidents;
- the client has travelled previously to England without incident in terms of behaviour with children;
- the client has strong ties to the jurisdiction with his ongoing work commitments, his property ownership and his family members, and as such there is no reason to think that he will not return to Australia as per his return ticket;
- refusal to allow the client to travel in no way correlates with the stated objective of the legislative amendments, as the United Kingdom is not a place where there is a real risk of child sex tourism;
- as far as we are aware, there are no statistics that prove that a person with a prior conviction for possession of child pornography is at any higher risk of committing a contact offence.
This was a good result as the client’s application to travel had previously been rejected. We were able to explore the client’s background and reasons for wanting to travel, and put this together in a persuasive submission for the Sex Offenders Registry. We helped the client fully explain his story and his circumstances which eventually resulted in the Registered Offender Overseas Travel Application being approved.
Admitted to legal practice in April 2018, Jessica has completed placements at Springvale Monash Legal Service and at one of the top immigration firms in Australia. She graduated with Honours in Law in 2017 from Monash University and finished her Practical Legal Training at Leo Cussen Centre for Law.
Click here to know more about Jessica's background.
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 18/07/2018