Commonwealth Consolidated Regulations

MIGRATION REGULATIONS 1994 - REG 1.20KC

Applications for which visas?

  (1)   This regulation applies in relation to the approval of a sponsorship for one or more applications for any of the following visas:

  (a)   a Prospective Marriage (Temporary) (Class TO) visa;

  (b)   a Partner (Provisional) (Class UF) visa;

  (c)   a Partner (Temporary) (Class UK) visa.

Relevant offences

  (2)   This regulation applies in relation to an offence (a relevant offence ) against a law of the Commonwealth, a State, a Territory or a foreign country, involving any of the following matters:

  (a)   violence against a person, including (without limitation) murder, assault, sexual assault and the threat of violence;

  (b)   the harassment, molestation, intimidation or stalking of a person;

  (c)   the breach of an apprehended violence order, or a similar order, issued under a law of a State, a Territory or a foreign country;

  (d)   firearms or other dangerous weapons;

  (e)   people smuggling;

  (f)   human trafficking, slavery or slavery - like practices (including forced marriage), kidnapping or unlawful confinement;

  (g)   attempting to commit an offence involving any of the matters mentioned in paragraphs   (a) to (f), or paragraph   (h);

  (h)   aiding, abetting, counselling or procuring the commission of an offence involving any of the matters mentioned in paragraphs   (a) to (g).

Sponsor has significant criminal record in relation to relevant offence

  (3)   The Minister must refuse to approve the sponsorship of each applicant for the visa if:

  (a)   the sponsor has been convicted of a relevant offence or relevant offences; and

  (b)   the sponsor has a significant criminal record in relation to the relevant offence or relevant offences (see regulation   1.20KD).

  (4)   Despite subregulation   (3), the Minister may decide to approve the sponsorship if the Minister considers it reasonable to do so, having regard to matters including the following (without limitation):

  (a)   the length of time since the sponsor completed the sentence (or sentences) for the relevant offence or relevant offences;

  (b)   the best interests of the following:

  (i)   any children of the sponsor;

  (ii)   any children of the applicant who is seeking to satisfy the primary criteria for the grant of the visa concerned;

  (c)   the length of the relationship between the sponsor and the applicant who is seeking to satisfy the primary criteria for the grant of the visa concerned.

Police check

  (5)   To determine whether a sponsor has been convicted of a relevant offence, and whether the sponsor has a significant criminal record in relation to a relevant offence, the Minister may, on one or more occasions, request the sponsor to provide a police check relating to the sponsor from any, or all, of the following:

  (a)   a jurisdiction in Australia specified in the request;

  (b)   a foreign country, specified in the request, in which the sponsor has lived for a period, or a total period, of at least 12 months since the latest of the following dates:

  (i)   10 years before the date of the request;

  (ii)   the date the sponsor turned 16.

  (6)   In addition to subregulation   (3), the Minister may refuse to approve the sponsorship of each applicant for the visa if:

  (a)   the Minister has requested a police check from the sponsor under subregulation   (5); and

  (b)   the sponsor does not provide the police check within a reasonable time.