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Discussion Starter · #1 ·
Dear Friends,
I need your guidance I got an email today asking for extra information saying:

As you have been unable to obtain a Basic Court Certificate from XXXX, please provide a statutory declaration to attest to your good character. The Statutory declaration must be made before a person authorized under the Statutory Declarations Act 1959. As you live outside of Australia, the statutory declaration must be made before an Australian
Consular Officer or Australian Diplomatic Officer.

I already contact the Honorary Consul here in my country, in case I don't receive a prompt answer, do you know if they might accept a declaration signed by a local notary?

Anyone has this experience before? I feel so close to the final visa
 

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I don't have any experience with this, but since they say the statutory declaration "must" be signed before an Australian Consular Officer or Diplomatic Officer, I assume they don't easily make any exception to this. You may just need to be patient on a response.
 

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Discussion Starter · #4 ·
Thanks! I have a checked this and now I have this doubt:

"Australian consulates headed by Honorary Consuls and Canadian missions delivering consular assistance in locations where there are no Australian missions are not permitted to provide the services above (unless it is in relation to an Australian passport application and they are authorised to interview clients)."

I live in Costa Rica and there is an Honorary Consul only.

Any advise?
 

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Discussion Starter · #5 ·
Thank you!

I took a look at the Attorney General Department page and it says:
The Statutory Declarations Regulations 2018, which commenced on 18 September 2018, make the following changes:

-provides a notary public (however described) appointed overseas, exercising his or her functions at that place, is able to witness a Commonwealth statutory declaration. This is in addition to notary publics who are appointed in Australia.

Then down it says:

There are a number of people who may be able to witness your statutory declaration. A Commonwealth statutory declaration under the Statutory Declarations Act 1959 will need to be witnessed by a person who is both:

on the list of authorised witnesses (below), and
has a connection to Australia, with the exception of a notary public (however described)

This means - a public notary from my country can do it? As there is only an Honorary Consul and he cant signed

Thanks
 

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Thank you!

I took a look at the Attorney General Department page and it says:
The Statutory Declarations Regulations 2018, which commenced on 18 September 2018, make the following changes:

-provides a notary public (however described) appointed overseas, exercising his or her functions at that place, is able to witness a Commonwealth statutory declaration. This is in addition to notary publics who are appointed in Australia.

Then down it says:

There are a number of people who may be able to witness your statutory declaration. A Commonwealth statutory declaration under the Statutory Declarations Act 1959 will need to be witnessed by a person who is both:

on the list of authorised witnesses (below), and
has a connection to Australia, with the exception of a notary public (however described)

This means - a public notary from my country can do it? As there is only an Honorary Consul and he cant signed

Thanks
Nice find - perhaps double check with the Honorary Consul whether they can do it or not?

Otherwise I would get a Notary Public to sign it.

In the event that DHA is not abreast of the 18 September 2018 changes to the SD regulations / they are unwilling to deviate from their SOP, perhaps make some plans to travel to an Embassy nearby to get it done?
 

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Discussion Starter · #7 · (Edited)
Thanks! Here:
https://smartraveller.gov.au/services/legalising-documents/pages/overseas.aspx
I saw:
Australian consulates headed by Honorary Consuls and Canadian missions delivering consular assistance in locations where there are no Australian missions are not permitted to provide the services above (unless it is in relation to an Australian passport application and they are authorised to interview clients).

And I called the Global Services Center (as no answer in Canada or Mexico) I am in Costa Rica, and the person who took my call confirm that a public notary would be the person doing it in absence of a Consular Officer/Diplomat from Australia in Costa Rica. She told me to reply with all this explanation.

So, I will do it with the same public notary that has been doing all my papers here in Costa Rica for my application.

I will be travelling out of Costa Rica soon, so need to gets this done ASAP, hope this case helps others :).

Cheers,
 

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Dear Friends,
I need your guidance I got an email today asking for extra information saying:

As you have been unable to obtain a Basic Court Certificate from XXXX, please provide a statutory declaration to attest to your good character.
If you failed to supply a Police Clearance and they asked for another form of evidence then it must be supplied in the manner they state. Criminal record checks and health examinations are main requirements.
 
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