1. In criminal trials, the prosecution has to prove each element necessary to its case beyond a reasonable doubt. In civil trials, and in migration applications, on the other hand, a party has the burden only of proving affirmative contentions by a preponderance of the evidence.
  2. Except for the use of sound and video recordings migration applications proceed much like this: “To successfully pursue your case in court it is necessary to have evidence to back up your claim. You can’t just think you have a case, you must be able to prove it. Evidence can take several forms such as documents, sound and video recordings and witness statements (written statements about what the witness saw or heard). Evidence can also be given through oral statements (testimony) made at court by witnesses cf. http://www.legalpediaqld.org.au/index.php?title=Evidence_and_proof_in_civil_proceedings

digital-evidence

  1. In order to prove your case, your evidence has to be believed. If you say one thing and the other party contradicts what you say, then the immigration dept. has to decide which version he or she accepts. They will make the decision on the basis of all of the evidence and his or her assessment of the character or credibility of each visa applicant based on the evidence before them when they make their decision

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  1. There are 3 types of documents that you need to apply for an Australian visa:
  • identity documents
  • supporting documents to prove your eligibility for the visa you seek
  • evidence of good health Australian migration legislation requires that almost all applicants seeking a visa to travel to, or remain in, Australia must meet prescribed health criteria. These criteria are intended to protect the Australian community’s standard of public health and safety, expenditure on health and welfare, and access to health services, and
  • evidence of good character Everyone who wants to enter or stay in Australia must satisfy the character requirement as set out in Section 501 of the Migration Act 1958 (the Act). This includes all non-citizens, sponsors of visa applicants and non-migrating family members seeking to enter or stay in Australia.Entering or remaining in Australia is a privilege, and it is expected that non-citizens are, and have been, law-abiding. Visa holders must also continue to satisfy the character requirement.

    Irrespective of which visa you apply for, you must advise us if you have any criminal convictions inside or outside of Australia, and you may be asked to provide police certificates as part of your assessment against the character test. If you do not inform us of your criminal history, your visa application may be refused or your visa cancelled.

    We and the Minister for Immigration and Border Protection have the power to refuse or cancel a visa on the basis that a person does not pass the character test.

    In some cases, even if you do not pass the character test, we or the Minister can exercise discretion not to cancel your visa.

    Decisions to cancel or refuse visas on the basis of the character test are made after full consideration of all the circumstances of a case.

  1. Evidence also involves Identity documents

Immigration dept. (DIBP)  must be satisfied of your identity before they can approve your application.

  • Provide three documents that, all together, show your:
    1. photograph and signature
    2. current residential address
    3. birth name, date of birth and gender.
  • If you have changed your name, provide evidence of this including links between names.
  • The Identity declaration completed by a person with the relevant authority and accompanied by an endorsed photograph signed by the same person. If you are applying on a paper application, the Identity declaration is contained in your form. If you are applying online, you require a completed Form 1195 – Identity Declaration (81KB PDF). Examples of identity documents are available. Identity documents
  • We must be satisfied of your identity before we can approve your application.
  • Provide three documents that, all together, show your:
    • photograph and signature
    • current residential address
    • birth name, date of birth and gender.
    • If you have changed your name, provide evidence of this including links between names.
    • The Identity declaration completed by a person with the relevant authority and accompanied by an endorsed photograph signed by the same person. If you are applying on a paper application, the Identity declaration is contained in your form. If you are applying online, you require a completed Form 1195 – Identity Declaration (81KB PDF).

Examples of identity documents are available cf. www.border.gov.au

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