Unobtainable Police Check - what is "reasonable evidence"?

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Unobtainable Police Check - what is "reasonable evidence"?


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Old 02-22-2021, 11:54 AM
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Unobtainable Police Check - what is "reasonable evidence"?

Hi,

I've been requested to provide additional information for my Partner visa application, including a police check from China which I both visited as a tourist and taught English about 6 years ago.

The process of obtaining the clearance is intense, with police checks only obtainable through an agent in China, and requiring a lot of documents eg, temporary registration forms, scans of previous passports, and is also only obtainable while one held a Work visa.

Having held tourists visas for much of my time in China, and having lost a passport which I held there, I don't have high hopes for obtaining the clearance.

Australian Immigration states that the police clearance requirement can be waived in some cases, if enough documentary evidence is supplied to show a reasonable attempt at obtaining the clearance. Being unable to speak to my case officer (they have a "reduced services" email inbox, and the only action available to me is uploading the documents to my ImmiAccount), I'm trying to discover what might constitute reasonable documentation of my attempt to obtain the clearance.

Some options:
1. providing proof of my lost passport (emails regarding its loss and replacement from my Consulate), emails from agents saying I'm unlikely to be able to obtain the certificate without the proper documents, and entirely unable to obtain it for periods when I held a tourist visa, and ask for the waiver;

2. Engaging a (lower cost) visa agent to prepare a formal checklist of the required documents, attempt to obtain the Clearance with the documents I have, and finally probably compose a letter explaining the Clearance couldn't be obtained and asking for a waiver;

3. Engaging a (very expensive) lawyer to do the same as above, with the letter coming from a lawyer rather than a migration agent.

Of course, a migration agent could best advise, but being in the final stages of my application, it would make less sense to engage one. Does anyone have personal experience with an unobtainable police certificate from China (or elsewhere)? Could you tell me what kind of evidence you provided about it? I don't want to provide less than what I need, but can find little guidance about what reasonable effort might constitute.


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Old 02-22-2021, 08:18 PM
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Quote:
Does anyone have personal experience with an unobtainable police certificate from China (or elsewhere)?
Yes.

'reasonable effort' is not defined.

A registered migration agent could be expected to sort this for you for a consultation fee.

AdamJames likes this.
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Westly Russell
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