• MaybeItWorks@sh.itjust.works
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    1 year ago

    Looks like Jr is failing Australia’s Character test for their visa.

    Association with persons suspected of engaging in criminal conduct

    A person does not pass the character test under subsection 501(6)(b) if the person ‘has or has had an association with someone else, or with a group or organisation, whom the Minister reasonably suspects has been or is involved in criminal conduct’.[13]

    Direction No. 55 requires that in establishing ‘association’ for the purposes of the character test, decision-makers are to consider:

    *the nature of the association *the degree and frequency of association the person had or has with the individual, group or organisation, and *the duration of the association.[14]

    Direction No. 55 also requires decision-makers to assess whether the person was sympathetic with, supportive of, or involved in the criminal conduct of the person, group or organisation, and directs that ‘mere knowledge of the criminality of the associate is not, in itself, sufficient to establish association’.[15] The association must have some negative bearing upon the person’s character in order for the person to fail the character test on this ground.[16]