Post subject: Re: Crocker - Facts required, not rumour or opinion
Posted: Wed Mar 04, 2009 9:20 pm
Locko's Luck
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Post subject: Re: Crocker - Facts required, not rumour or opinion
Posted: Wed Mar 04, 2009 10:11 pm
kt170496
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Hutchie wrote:Have a feeling there may be news on Monday
Which Monday This Monday next Monday or the week after
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Not sure this really helps but got a letter back from my MP about the Crocker situation.
Basically it skirted my main question which was in the context of this is fair enough if it applies to all - i.e. footballers, entertainers etc. from any other country.
On the work visa front it confirmed the following -
The refusal was "discretionary" rather than "mandatory" (which maybe gives a little hope). I doubt it was mandatory as that would be personally directed by the secretary of state (I doubt!) or if info was not disclosed (possible I guess).
However under "discretionary" the visa "should normally be refused" if the offence "committed outside the UK, would be so punishable if the conduct constituting the offence had occurred in the UK" - However a little hope here if the "crime" had happened in the UK it would have to be one that came with a jail term of 12 months or greater. So if what Crocker did in Oz wouldn’t have got him 12 months if it had been committed here it may help.
On the amount of time spent and the fact he has done community work and perhaps become a “better person” it doesn’t look great. A person may become "rehabilitated" however this comes with the "AND conviction spent".
Like I say maybe nothing more than anyone has posted already but straight from House of Commons printed paper!
Joined: Oct 19 2003 Posts: 17898 Location: Packed like sardines, in a tin
Pookie wrote:Not sure this really helps but got a letter back from my MP about the Crocker situation. Basically it skirted my main question which was in the context of this is fair enough if it applies to all - i.e. footballers, entertainers etc. from any other country.
On the work visa front it confirmed the following -
The refusal was "discretionary" rather than "mandatory" (which maybe gives a little hope). I doubt it was mandatory as that would be personally directed by the secretary of state (I doubt!) or if info was not disclosed (possible I guess).
However under "discretionary" the visa "should normally be refused" if the offence "committed outside the UK, would be so punishable if the conduct constituting the offence had occurred in the UK" - However a little hope here if the "crime" had happened in the UK it would have to be one that came with a jail term of 12 months or greater. So if what Crocker did in Oz wouldn’t have got him 12 months if it had been committed here it may help.
On the amount of time spent and the fact he has done community work and perhaps become a “better person” it doesn’t look great. A person may become "rehabilitated" however this comes with the "AND conviction spent".
Like I say maybe nothing more than anyone has posted already but straight from House of Commons printed paper!
Is that a direct quote of the reason for refusal? It seems to confirm what I thought if so.
The maximum sentence for affray is 3 years, which is why Crocker was caught by it and the refusal IS discretionary. If it was a mandatory refusal, there would be no point reapplying until the conviction is spent - after 5 years.
Chris28 wrote:Is that a direct quote of the reason for refusal? It seems to confirm what I thought if so.
The maximum sentence for affray is 3 years, which is why Crocker was caught by it and the refusal IS discretionary. If it was a mandatory refusal, there would be no point reapplying until the conviction is spent - after 5 years.
What about Eastwood (I think) who had driving offences.
Besides Crocker would not have gotten a jail sentence, cos there aint enough room
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