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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42670
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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What databases do Australian Immigration officers search on

Customer Question

What databases do Australian Immigration officers search on a Texas resident to perform a character check on a 400 temp work visa? Is it subjective as to whom the officer is?
Submitted: 7 months ago.
Category: Australia Law
Expert:  Leon replied 7 months ago.
Good MorningMy 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 advice but a guide to assist you.You have to provide a full police check to the department. They rely on that and they will contact the authority if they have any questions. They do not do their checking. You have to provide them with the search. I hope this makes sense and is of assistance. If there is nothing further thank you for using my services. If I have missed anything, or you have any further questions please let me know If there is anything else in the future please do not hesitate to ask. Please do not forget to leave positive feedback. RegardsLeon
Customer: replied 7 months ago.
Please explain further what a police check means. That is a very broad term. I would like to know what specific databases an Australian Immigration officer will ask the applicant to provide them with based on the fact that I live in Houston, Texas.Do I need to provide a Texas Department of Public Safety Check, FBI Check, etc etc? Do they need biometrics to confirm I am who I say I am?
Expert:  Leon replied 7 months ago.
Good Morning. You have to apply for a criminal record Check in Texas and the texan authorities will provide it to you. There is also a national check through the FBI for the rest of the US. Here is the information from Border protection. https://www.border.gov.au/Trav/Visa/CharI hope this is clearer.
Customer: replied 7 months ago.
Will a report from https://records.txdps.state.tx.us/dpswebsite/criminalhistory/ be sufficient for me since I live in Texas? (for the State check portion)
Expert:  Leon replied 7 months ago.
Good MorningLooking at the site it appears that it would be enough. Usually an national check would cover texas as well.
Customer: replied 7 months ago.
I have passed the FBI and Texas DPS check, but my company uses an immigration firm called Fragomen for their immigration approvals. I need to know with a great amount of confidence that this will be sufficient, otherwise, I could face termination as there is not much work in my field. Please pass my question onto an Australian Immigration professional if you do not feel confident as this can effect my livelihood.
Customer: replied 7 months ago.
This is a pending charge and the 400 temp work visa form asks if you have any current pending charges specifically.
Expert:  Daniel replied 7 months ago.
Character requirementsYou must meet certain character requirements. You must be prepared to provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age. Do not arrange for police certificates until we ask you to.This also applies to all dependent family members in your application who are 16 years of age or older. The character testYou will not pass the character test if:you have a substantial criminal recordyou have been convicted of escaping from immigration detention, or convicted for an offence that you committed:while you were in immigration detentionduring an escape from immigration detentionafter an escape, but before you were taken into immigration detention again.you are or have been a member of a group or organisation, or had or have an association with a person, group or organisation that the Minister reasonably suspects of being involved in criminal conductthe Minister reasonably suspects that you have been involved in people smuggling, people trafficking, genocide, a war crime, a crime against humanity, a crime involving torture or slavery, or a crime that is of serious international concern, whether or not you have been convicted of such an offenceyour past and present criminal or general conduct shows that you are not of good characterthere is a risk that while you are in Australia you would:engage in criminal conductharass, molest, intimidate or stalk another personvilify a segment of the Australian communityincite discord in the Australian community or in a part of itbe a danger to the Australian community or a part of it.you have been convicted, found guilty or had a charge proven for, one or more sexually based offences involving a childyou are subject to an adverse security assessment by the Australian Security Intelligence Organisationyou are subject to an Interpol notice, from which it is reasonable to infer that you are a direct or indirect risk to the Australian community, or a segment of the Australian community.
Expert:  Daniel replied 7 months ago.
All words taken from immigration Australia's website. All it suggests in short is a police check from where you are from.
Expert:  Daniel replied 7 months ago.
https://www.border.gov.au/Trav/Visa-1/400-
Customer: replied 7 months ago.
I need someone who is an Australian immigration expert familiar with the officers that the company Fragomen uses. The portion that states 'your past and present criminal or general conduct shows that you are not of good character' is very vague. I was charged with a crime that is pending and I am presumed to be innocent per US law. My attorney is confident that we will get this case dropped, but the problem I have is that the 400 visa form asks if you have any current pending charges. If I answer yes to this, then I will be flagged and possibly not get the job. Times are really desperate in my industry and this could mean losing my job which will really put a struggle on me and my family. This would only be a 3 month assignment max.
Expert:  Daniel replied 7 months ago.
its vague so the agency can make a judgement call on each person. I suggest contacting a migration agent. https://www.mara.gov.au/
Expert:  Leon replied 7 months ago.
Good AfternoonDaniel is correct it is up to the Department if they accept it from a non government agency. If the search is through the Appropriate authorities even by a third party then is will be accepted by the department. You will have to pay for the search yourself and even if its from the correct authorities the department will assess it based on the contents. There is never any guarantee on them approving the visa. If they have any issues they will contact you or the party that you use to apply for the visa and seek further information.

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