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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44875
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I was living in Cairns (QLD) Australia and I had to get out

Customer Question

Hi there.
I was living in Cairns (QLD) Australia and I had to get out the country because my working holiday visa expired. I'm apply with my girlfriend for the permanent residency and I was supposed to come back to australia on the 24th of November with a tourist visa to lodge my application.
While I was away police came to the place I used to stay with a warrant looking for a guy who was living there 2 years ago. After they found smoking tools of my flatemate upstairs they started to look deeply and they found in the backyard 6 cannabis plants.
They asked the owner the names of the people who was living there and he gave my name as well saying I wasn't leaving there at the moment though.
This happened while I was abroad and I'm supposed to get back to Cairns on the 24th November.
I would like to know if I should get back anyway and what would happen if I do (like will they allow me to get into the country? and if they do, do I have to stay in the country till I get to court? could they charge me with anything?). Also I would like to know if they can link this illegal thing to me somehow and how it could affect me and my visa application.
Thank you very much.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

If you come back the police will want to interview you about the items they have found. If you were an owner or a part of the growing of the plants they will charge you with an offence.

You will have no issue getting into the country as there are no charges on foot.

If they charge you and you have to go to court they will take away your passport so you cannot travel.

If you are charged and convicted then this will have to be disclosed to the department and it may affect you application.

It all depends on how bad the charges and convictions are. I cannot comment on that until the police charge you. I hope this makes sense and is of assistance. If there is nothing further

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If I have missed anything, or you have any further questions please let me know

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