AFP Problem

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AFP Problem


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Old 03-24-2017, 10:06 AM
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Exclamation AFP Problem

Hi guys,
I would like to enquiry about my 801 application because unfortunately my police check is not clean. I got a fine of $200 for possession of prohibited drugs.. nothing more.
Will it affect my application? What's the worst case scenario for my application? I hope you can help me on this guys. Thank you in advance
Please tell me your opinion.
Thanks a lot.


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Old 03-24-2017, 12:00 PM
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Try this:

https://www.border.gov.au/about/corp...ts/79character


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Old 03-24-2017, 12:59 PM
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Thanks Mania.
I've already checked that link out.
I think that "your past and present criminal or general conduct shows that you are not of good character" is really too generic.
If you have more info please share. Cheers


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Old 03-24-2017, 01:29 PM
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MIGRATION ACT 1958 - SECT 501 Refusal or cancellation of visa on character grounds

That would be the next link to read the problem is the general way it is worded it leaves it open to interpretation which is never a good thing.


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Old 03-24-2017, 02:09 PM
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Same stuff on there! (ii) the person's past and present general conduct;
It's all about interpretation. I really hope they can see the minimum fine of $200.
Fingers crossed. ;-)


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Old 03-24-2017, 11:55 PM
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To me the $200 fine would be relevant in proving the scale of the crime, also would be how long ago it was.

I would certainly contact a RMA for advice on how to address it in the 801 application. I certainly would not just present the AFP report with no explanation.


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Old 03-25-2017, 02:37 AM
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I agree with ampk. They are cracking down on the character tests now so it is best to address it with the application then to not say anything at all.

I would get advice from a registered migration agent.


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Old 03-26-2017, 08:49 PM
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If the minister 'acting personally' refuses a visa on character grounds, there is no right to an AAT review. All it takes is:

1. the Minister reasonably suspects that the person does not pass the character test

and

2. the Minister is satisfied that the refusal or cancellation is in the national interest.

It is possible, but not likely, that the minister would act personally in a $200 fine case, but a delegate could make an adverse decision. This would be a reviewable, but is best avoided by making an adequate submission in the first place.

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