·         the person has been sentenced to death (사형)

or 또는

·         the person has been sentenced to imprisonment for life (무기징역)

or 또는

·         the person has been sentenced to a term of imprisonment of 12 months or more (12개월 또는 그 이상 징역)

or 또는

·         the person has been sentenced to 2 or more terms of imprisonment, and the total of those terms is 12 months or more (2개 또는 그 이상의 징역이 있고 누적하여 12개월 또는 그 이상인 경우)

or 또는

·         the person has been acquitted of an offence on the grounds of unsoundness of mind or insanity, and as a result the person has been detained in a facility or institution (심리적 또는 정신적 이상으로 인해 형을 면하게 되고 이로 인해 정신병원 또는 그에 준하는 시설에 있는 경우)

or 또는

·         in relation to an offence, the person has been found by a court to not be fit to plead but the court has nonetheless found that, on the evidence available, the person committed the offence; and as a result, the person has been detained in a facility or institution. (범죄와 관련하여 형을 받는데 있어 건강하지 못하지만 형은 받고 그럼에도 불구하고 격리된 시설에 가둬진 상태인 경우)

Persons need only be convicted (it is not required that they receive a sentence of imprisonment).

The “reasonable suspicion” test is met if the following two elements exist:

the delegate’s suspicions are aroused by the evidence available to them and

the suspicion is an honestly held suspicion based on that evidence and it is reasonable in the circumstances.

Reasonable suspicion does not have to equate to actual belief.

People smuggling – conduct that is reasonably suspected of being an offence under one or more of s233A to s234A of the Act.

Trafficking – not defined in the Act or Direction no. 65. Convictions are not required to fail this limb of the character test but Australian laws criminalising human trafficking are in Divisions 270 and 271 of the Criminal Code Act 1995 and are a useful reference to a range of conduct that is considered to be slavery. For advice on trafficking issues, email people.trafficking@border.gov.au.

Genocide, crimes against humanity, war crimes, and crimes involving torture or slavery – officers should email war.crimes.screening@border.gov.au in the first instance if they need further advice in situations where there are questions relating to possible genocide, crimes against humanity or war crimes offences. Refer also to PAM3: Character and security – War Crimes – Screening of Visa and Citizenship Applicants for further advice. Australian laws criminalising slavery are in Divisions 270 and 271 of the Criminal Code Act 1995.

Crimes of serious international concern – not defined in the Act or Direction no. 65. In a practical sense, any suspicion of committing crimes of a trans-national nature could feasibly be considered.

(ii) past and present general conduct

과가와 현재 범죄행위 및 일반적 행위

In short, both past and present criminal or general conduct needs to be considered and such conduct must go towards establishing the lack of the person’s enduring moral character over a continuum of time. Any good conduct must also be considered. (일정한 시간을 두고 신청인의 지속적인 도덕성의 결여가 있다고 판단될 경우; 이런 경우 과거와 현재 범죄 및 일반적인 행위 관련하여 신원조회 통과 안될 가능성이 높다. 그러나 만약에 자원봉사 및 지역사회 발전을 위해서 사회에 도움이 되는 행동 등의 선행이 있다고 판단이 되면 그 자체가 신원조회 통과 가능성이 높아진다)

(i) engaging in criminal conduct (범죄에 가담)

(ii) harassing, molesting, intimidating or stalking another person in Australia (호주인을 못살게 하고)

(iii) vilifying a segment of the community (사회의 일부에 나쁜 평을 하고)

(iv) inciting discord in the Australian community (or a segment of that community (호주사회 또는 한 공통체의 일부에 불여화음을 조장하고)

(v) representing danger to (by way of being liable to become involved in activities that are disruptive to, or in violence threatening harm to), that community or segment, or in any other way). (공동체나 한 집단에 파괴적이고 위협을 가하는 행위을 보여줄 때)

Information obtained from external sources must be assessed and consideration given as to whether the information indicates that it is reasonable to hold concerns about the person’s actual or intended presence and behaviour, including forming a view that any potential adverse consequences are sufficiently representative of a segment of the community – this requires subjective judgment having regard to the person’s or group’s background, their role and prominence in the community etc.

Under s501(11) conduct may amount to harassment or molestation even though it does not involve violence, or threatened violence; or is only damage, or threatened damage to property belonging to, in the possession of, or used by the other person.

Cases that potentially enliven 501(6)(d) (iv) or (v) may involve conduct (such as history of public rallies causing law and order problems, extremist views, being liable to provoke an incident in Australia) that may attract significant adverse media and/or political attention, but which are not straight-forward police matters and therefore require cross-portfolio coordination. As such, these cases should be referred to the Controversial Visitor Unit (cvu@border.gov.au)

어린아이 성폭행/성폭력을 저지른 경우 신원조회 통과 가능성 매우 희박; 호주내에서 실제 중대 범죄로 취급함

·         convicted the person of one or more sexually based offences involving a child

·         found the person guilty of such an offence or

·         found a charge against the person proven for such an offence, even if the person was discharged without a conviction.

Covers all sexually-based offences, six examples being: (아래 성폭행관련 6가지 예제에 해당할 경우 신원조회 통과 가능성 희박)

·         possession, distribution or production of child pornography

·         indecent dealings with children

·         solicitation or grooming offences

·         possessing an indecent photograph or pseudo-photograph of a child; incest (if the victim is a child)

·         other non-contract carriage service offences

·         sexual trafficking of children.

It may also cover some sexually-based offences against a child who was over the age of consent at the time of the offence, but the perpetrator was in a position of authority or trust over the child (for example, a teacher, babysitter, foster carer or parent).

(종족 학살, 인류에 대한 범죄, 전쟁범죄, 고문 및 노예와 관련하여 죄를 받거나 보여지는 경우)

https://www.asio.gov.au/
호주 보안 정보 조직에 행하는 보안 평가를 통과하지 못하는 경우 (이 조항은 오른편에 있는 비자를 신청하는 사람들에게만 적용)

Section 501(6)(g) also captures applicants for visas for which public interest criterion 4002 (PIC 4002) is not a criterion for grant – namely:

·         Bridging visas (WA–010 to WE–050, and WF–060)

·         Resident Return (five year)(BB–155) visa

·         Resident Return (three month)(BB–157) visa

·         Provisional Resident Return (TP–159) visa

·         Special Category (TY–444) visa

·         Humanitarian Stay (Temporary)(UJ–449) visa

·         Confirmatory (Residence)(AK–808) visa

·         Permanent Resident of Norfolk Island (AW–834) visa

·         Diplomatic (TF–995) visa.

For those visa subclasses to which PIC 4002 applies, a s65 delegate can refuse the visa if the applicant is the subject of an ASA. The exception is applications for protection visas, which must be refused under s36(1B) of the Act if the applicant is the subject of an ASA.

Note: In practice, Diplomatic (TF–995) visas will not be refused under s501(6)(g) of the Act, because they are granted with the Foreign Minister’s recommendation. The Foreign Minister is responsible for ensuring that diplomats and consular officials do not pose a national security risk to Australia.

Merely having an Interpol notice in force does not necessarily mean that the person should be considered under s501; the content of the notice must be considered and assessed in terms of risk to the Australian community or segment of the community. Where possible, corroborating information (such as a statement of facts, charge sheets, arrest warrants) is sought from the relevant jurisdiction (such requests must be made via formal Interpol channels).

Cancellation and Character Support Section has a liaison role with Interpol Canberra, and can also obtain copies of Interpol notices and/or seek further corroborating information (email cancellation.support@border.gov.au).

Interpol information may be sensitive (some notices are published online, others are not made publically available). This may mean that the AFP (as a gazetted agency) may require the information, or part of the information, as being confidential for the purposes of s503A of the Act.