This is a case study on a client on the Sex Offender Register needing to file a travel application.
Our client, as a young man in his early 20’s, pleaded guilty to sexual offences 13 years ago. Due to the type of charge that he had, he was placed on the Sex Offender Register for the mandatory period of 15 years. There have been recent changes to the laws around the ability of a person placed on the Register to travel overseas. It used to be that notifying Victoria Police about the intended travel as well as upon return was sufficient. But now, expressed permission from the Chief Commissioner of Police is required.
The experience of most people who had submitted the application on their own behalf was that permission was often denied.
Kristina Kothrakis acted on the accused's behalf for the application.
A significant amount of time was spent with the client in order to gain an understanding of the original offending so that the objective risks could be assessed. In this case, many years had passed since the offending and there had been no further incident. The client had also fully complied with the obligations under the register such as notification of a change in personal details and the requirements around travel.
It was also important that we had full knowledge around the purpose of the intended travel. In order for the travel to be approved, it needs to be for a significant and legitimate purpose. In the client's case, the purpose was to travel to his country of familial origin to be married. He and his wife needed to comply with religious requirements and needed to make arrangements for the wedding.
The client had applied by himself twice and was refused on both occasions. We were able to set out a detailed and comprehensive analysis of his risk factors, history over the preceding 13 years, and purpose of the travel. To demonstrate the genuine nature of the travel, we attached reference material from his fiancé and from the priest who was conducting the ceremony. He also had a very responsible job, which further demonstrated how far he had come with his rehabilitation.
This proved to be a successful case of someone on the Sex Offender Register whose travel application was ultimately approved. The document proved to be persuasive and our client was permitted to travel.
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Kristina strives to achieve the best possible result for all her clients. Skilled, decisive and assertive, Kristina demonstrates dedication, care and professionalism at all times.
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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 30/08/2018