What 'version' of the meaning of "adverse information" and "associated with" applies for the purposes of an SBS application and a 457/186/187 nomination & visa application?
This article discusses the effect of the changes to regulations 1.13A ("adverse information") and 1.13B ("associated with") of the Migration Regulations 1994 (Cth) on an SBS application, a 457/482/186/187 nomination application and a 457/482/186/187 visa application. We do not discuss here other visas such as subclass 407.
It is a requirement for those types of application that either (emphasis added):
(a) there is no adverse information known to Immigration about the person who made the nomination or a person associated with that person; or
(b) it is reasonable to disregard any adverse information known to Immigration about the person who made the nomination or a person associated with that person.
The terms "adverse information" and "associated with" are defined under the Regulations. Those definitions were amended in 18 March 2018, with the effect that they have become much wider and more strict compared to the definitions in force until immediately before that date.
The pre 18 March 2018 definitions can be found in Legendcom through the following links:
The current definitions can be found in Legendcom through the following links:
We discuss below which of those definitions applies depending on the circumstances.
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