Health and Criminal waiver

Australia has some of the toughest health and character requirements in the world for visa applications and Australian citizenship applications. If you have any concerns about whether you may meet the health or character requirements, or if you have received a letter from the Department of Home Affairs (DoHA) advising you that your visa or citizenship application is subject to refusal for health or character reasons, I can help determine your options and advise you on the best way to proceed.

Health Waivers and the Health Criteria (Public Interest Criteria)  PIC 4005 and PIC 4007

Australia strictly screens applicants applying to nearly all visa subclasses for health conditions prior to issuing visas.  This is a immigration legislation objective, aimed at ensuring that current Australian Citizens and Permanent Residents are not unduly affected by health related costs or issues with access to Australian health care and community services by those migrating to Australia  regardless of whether the health care or community services will actually be used in connection with the applicant. The health assessments are also used to screen for infectious diseases which may present a risk to the Australian public.

The health criteria is a ‘one fails all fail’ criteria and that this applies to nearly all temporary and permanent visas. This means that if a secondary applicant (your spouse/de-facto partner or child) fail the health criteria, no one can be granted the visa. The health criteria generally needs to be satisfied by all ‘members of the family unit’, regardless of whether they are included in the application or not. The only exception is where the Department of Home Affairs has assessed that it would be unreasonable for the non-migrating “member of the family unit” to do so.

Where an applicant is assessed as having such a condition, they will not be granted a visa unless a health waiver is granted. The majority of permanent visas have PIC 4005 applicable and it does not provide an option for a health waiver. However, this does not mean that the very fact of assessing the state of health, or the costs of medical expenses that may be required in the event of a health disorder determined within the framework of the PIC 4005 criterion, cannot be reasonably challenged at the stage of determining the health status and applying the PIC 4005 criterion. Countervailing arguments can be made at the health waiver stage. Prior to making a decision on the visa, the Department will give the applicant a time frame in which the applicant may argue that despite having a condition that will be of significant cost, or prejudice the access of Australian citizens to services, the applicant will not cause undue cost to the Australian public.

In the case of  PIC 4007, when assessing the possibility of obtaining a positive decision for an applicant with health conditions, it is important to take into account that the PIC 4007 criterion provides for the possibility of lifting restrictions on health requirements (health waiver) for any person specified in the visa (‘members of the family unit’, regardless of whether they are included in the application or not, unless the Department  has assessed that it would be unreasonable for the non-migrating “member of the family unit” to do so).

The PIC 4007 is applicable to a Partner visa, which suggests a “fallback pathway” in the event of such as Subclass 189, or Subclass 190, or Subclass 491 visa failure doe to the health conditions not arguable under PIC 4005.

The Delegate, in the event of a situation regarding the health of a person falling under the PIC 4005 or PIC 4007, is bound by the decision of the Medical Officer of the Commonwealth (MOC), which evaluates the health status and makes this decision. In other words, the officer, when making a decision, is obliged to accept the opinion of the MOC as correct and obliging to make an appropriate decision.

Significant costs

MOC must provide an opinion as to whether an applicant’s condition or disease would be likely to result in health care and community service costs if a visa were to be granted.

For temporary visa applicants (other than applicants for provisional visas), the estimated costs for their proposed stay in Australia is assessed over the period of stay that the visa officer intends to grant the visa. For example, a student visa applicant with health care costs of AUD 16 000 who will be granted a one year visa should be found to meet the health requirement. On the other hand, a student visa applicant with costs of AUD 16 000 a year who will be granted a four year visa would not meet the health requirement.

For temporary visas, certain health care and community services are excluded from the cost assessment.

For permanent and provisional visa applicants, the time period for estimating health care and community service costs against the significant cost threshold  is calculated as follows:

  • if the applicant is aged less than 75 years:a five year period; or,
  • if the applicant is aged 75 years or older:a three year period;

unless:

  • the applicant has a condition that is permanent and the course of the disease is inevitable or reasonably predictable (65% likelihood) beyond the five year period- in these circumstances, the applicant would be assessed for a maximum of 10 years. When assessing costs, the MOC should estimate costs for a period up to a maximum of 10 years.
  • the applicant has an inevitable or reasonably predictable (65% likelihood) reduced life expectancy due to their health condition or disease -in this case, the applicant should be assessed for a time period up to a maximum of 10 years.

Prejudice to access

MOC must also assess whether an applicant’s condition or disease would be likely to prejudice the access of Australians to health care and community services if a visa were to be granted, that is, the applicant would require access to health care or community services that are in short supply (as advised by the Department of Health).

Prejudice to access will occur if in the MOC’s opinion a hypothetical person with a condition of the same form and severity as the applicant’s would be likely to require access to the following services, which are considered to be in short supply:

  • organ transplants (including bone marrow transplants)

How I can help

These are just a few of the issues that I can assist you with  as the Australian Registered Migration Agent in case of known health conditions:

  • Providing advice on the likely outcome of lodging a visa when there are known health conditions.
  • Prepare comprehensive, detailed health waiver application package to present specific legal arguments to address the health waiver.
  • Assisting with appealing a decision by the Department of Home Affairs to refuse a visa application.

I can analyse your circumstances, identify any areas of risk with known health conditions and discuss the most appropriate strategy to meet your goals. I can also assist you in many different ways. For example – full service from preparation of evidence to visa decision, a consultation on a specific point of concern or a review before lodgement for peace of mind.

Character requirements waivers and Character requirements for Australian visas – PIC (Public Interest Criteria) PIC 4001, PIC 4002, PIC 4003.

The applicant must be of good character to visit or live in Australia. This means the person must pass the “character test”, and remain of good character.

Character requirements

The character requirements are set out under section 501 of the Migration Act 1958 and a number of the other legislative documents, i.e.:

Migration Act 1958  s499, s116(1)(e) – Risk to public health, safety,etc 

Migration Regulations 2.03AA Criteria applicable to character tests and security assessments

Autonomous Sanctions Regulations 2011

Character and security – Security Checking Handbook

Character and security instructions – Penal checking handbook

The Penal Checking Handbook and  Security Checking Handbook  have been classified as “For official use only’ and is not for public release.

 

The applicant may not pass the character requirements test if:

  • The applicant has a “substantial criminal record”
  • The applicant has been convicted of escaping from immigration detention, or convicted for an offence that the applicant committed:
    • while were in immigration detention
    • during an escape from immigration detention
    • after an escape, but before the applicant was taken into immigration detention again
  • The applicant has is or has been a member of a group or organisation, or had or have an association with a person, group or organisation that the Minister reasonably suspects of being involved in criminal conduct
  • the Minister reasonably suspects that the applicant has been involved in people smuggling, people trafficking, genocide, a war crime, a crime against humanity, a crime involving torture or slavery, or a crime that is of serious international concern, whether or not the applicant has been convicted of such an offence
  • The applicant’s past and present criminal or general conduct shows that the applicant is not of good character
  • there is a risk that while the applicant is in Australia the applicant would:
    • engage in criminal conduct
    • harass, molest, intimidate or stalk another person
    • vilify a segment of the Australian community
    • incite discord in the Australian community or in a part of it
    • be a danger to the Australian community or a part of it
  • The applicant has been convicted, found guilty or had a charge proven for, one or more sexually based offences involving a child
  • The applicant is a subject to an adverse security assessment by the Australian Security Intelligence Organisation
  • The applicant is a subject to an Interpol notice, from which it is reasonable to infer that the applicant is a direct or indirect risk to the Australian community, or a segment of the Australian community
  • The applicant is or have been convicted of a domestic violence offence or have ever been subject to a domestic violence order
  • The applicant is a subject to the Autonomous Sanctions Regulations 2011 for the purpose of preventing the person from travelling to, entering or remaining in Australia;
  • The applicant is a person determined by the Foreign Minister, or a person authorised by the Foreign Minister, whose presence in Australia is, or would be, contrary to Australia’s foreign policy interests;
  • The applicant is a person determined by the Foreign Minister, or a person authorised by the Foreign Minister, whose presence in Australia may be directly or indirectly associated with the proliferation of weapons of mass destruction.

The applicant has a “substantial criminal record” for the purposes of the character test in the Migration Act if the applicant has been:

  • sentenced to death or imprisonment for life
  • sentenced to a term of imprisonment of 12 months or more
  • sentenced to two or more terms of imprisonment (even if served concurrently) where the total is 12 months or more
  • found by a court to not be fit to plead in relation to an offence but found to have committed the offence and detained in a facility or institution

Conviction that has been quashed or pardoned would be disregarded.

The applicant has a “substantial criminal record”  in relation to “relevant offences”.

Relevant offences include the following:

  • Violence against a person, including (without limitation) murder, assault, sexual assault and the threat of violence
  • The harassment, molestation, intimidation or stalking of a person
  • The breach of an apprehended violence order
  • Firearms or other dangerous weapons
  • People smuggling
  • Human trafficking
  • Attempting to commit an offence involving any of the matters mentioned above or below
  • Aiding, abetting, counselling or procuring these offences.

Possible Exemptions

However, despite the above, a sponsorship application may be approved if it is reasonable to do so having regard to the following:

  • The length of time since the sponsor completed the sentence for the relevant offence;
  • The best interests of minor children of the sponsor/and or minor children of the visa applicant;
  • The length of the relationship between the sponsor and the primary visa applicant;
  • The protection of the Australian community from criminal or other serious conduct;
  • Expectations of the Australian Community;
  • International obligations;
  • Impact on family members;
  • Impact on victims;
  • Impact on Australian business interests.

How I can help

Australia’s tough new rules on character consideration that even a series of relatively minor offences can result in visa or citizenship refusal. If you’re concerned about whether your criminal record or other previous incidents in your life would be likely to cause a visa or citizenship refusal, or if you’ve received a letter from DoHA about character consideration with your application, I can help determine if and how you can meet the immigration legal requirements for character test.

These are just a few of the issues that I can assist you with  as the Australian Registered Migration Agent in case of known character requirements issues:

  • Providing advice on the likely outcome of lodging a visa when there are known character consideration.
  • Prepare comprehensive, detailed character waiver application package, that shows, despite your previous history, why you should not be refused a visa or citizenship for Australia based on your previous record.
  • Assisting with appealing a decision by the Department of Home Affairs to refuse a visa application.
  • If you’re in immigration detention or jail, I can represent you before DoHA or Migration Tribunal to fight hard for your visa or citizenship to give you the best chance to successfully migrate to Australia and deal with any character allegations

I can analyse your circumstances, identify any areas of risk with known character requirements issues and discuss the most appropriate strategy to meet your goals. I can also assist you in many different ways. For example – full service from preparation of evidence to visa decision, a consultation on a specific point of concern or a review before lodgement for peace of mind.

 

If you require any further information ,or you need need help in obtaining a waiver, or need assistance with any other matters related to immigration to Australia, please book a free preliminary interview.

This page provides summary information on December 30, 2020. Australian immigration law is complex and it changes on a regular basis. If you have any additional questions or require further clarification, please, do not hesitate and contact me regarding this matter and, if appropriate, to arrange a mutually convenient time for an appointment.

Respectfully,
Australian Registered Migration Agent
Viktor Ovcharenko MARN 0964258

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Reality Maker PTY. LTD. ATF RM

Welcome to our website. This website with URL https://www.reality-maker.com, https://www.reality-maker.com.au, https://www.reality-maker.ru is owned and operated by Reality Maker PTY. LTD. ATF RM. (33575225540). Should you continue to use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Reality-Maker Pty Ltd ATF RM’s relationship with you in connection with this website. Should you not agree with any of these terms and conditions, please do not use our website.

The term ‘Reality-Maker’ or ‘us’ or ‘our’ or ‘we’ refers to Reality-Maker Pty Ltd ATF RM, the owner of the website, whose registered office is 33575225540, Australia state of Queensland. The term ‘you’ or ‘your’ refers to the website user.

Your use of this website is subject to the following terms and conditions:

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Accessibility

We endeavor at all times to make the site as accessible as reasonably possible to disabled users. In no way do we seek to deliberately discriminate against disabled users access to the website service.

Disputes and jurisdiction

Each provision within the terms and conditions are severable and any provision which is void or could render the terms and conditions void is excluded.

The terms and conditions are governed by the law in force of State Of Queensland and each party agreeing to the terms and conditions submits to this. Also by agreeing to the terms and conditions you waive any claim that such courts are an inconvenience.

On-Line Payment Terms And Conditions

Reality-Maker Pty Ltd ATF RM Trust provides professional Australian Registered Immigration Agent services i.e. professional immigration&citizenship advice and visa&citizenship professional services for persons applying for visas to Australia and the Australian citizenship and advice on general circumstances surround immigration status, including downloadable materials as a variety of assistance.

All advice and services are provided as and by Registered Australian Migration Agent(s) (MARNs) in confidence and in accordance with Section 276 of the Migration Act 1958 (CTH) as an employer(s) of Reality-Maker Pty Ltd ATF RM Trust.

If you are using our online payment system then the currency used is Australian dollars (AUD). Any fees listed on our website are in Australian dollars (AUD). Any other service not listed on the website will be quoted upon request.

If you use our services we will provide you with an Immigration Service Agreement. The “service agreement” is a formal contract between you and Reality-Maker Pty Ltd ATF RM Trust and applies to the use and offering of our professional services to provide immigration, visa, citizenship, and related advice and the performance or execution of written instructions, as accepted by us. You must read, agree with and accept any terms and conditions set out below, and any terms and conditions expressly contained in any written service agreement provided to you and that by continuing to use or access the website or services, you are agreeing to these terms and conditions. If you do not wish to be bound by our terms and conditions please do not use or access our services.

Once you accept our terms and conditions, you will have agreed to appoint us to perform a service, for which a fee may be charged. If you do not understand the fee that you are to be charged, then it is your responsibility to kindly contact us by phone or by emailing us to request a written quotation (Fee Estimate) from a Registered Migration Agent.

You are requested to also read a copy of the Consumer Guide. By accepting to make a payment you acknowledge that you have obtained and reviewed this document.

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Fees and Charges

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Modification or suspension

Without notice or liability to you we may in our sole discretion and at any time:

  1. Vary the payment methods accepted by and/or the consultation and/or services that may be paid for through the Payment Service.
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When a payment is made

When making a payment via the Payment Service, your payment will not be deemed to have been made until such time as:

  1. You have entered via the Payment Service your reference number, your name, and all other information required by us to obtain payment;
  2. We receive all of the information from you; and
  3. Your payment has been received in full payment for all applicable amounts due for the service.
    If we receive payment but it is subsequently reversed or dishonored for any reason whatsoever then the payment will be deemed not to have been made to us.

You should check your account records carefully and promptly report to us as soon as you become aware of any payments that you think are errors or that you did not authorize or you think were made by someone else without your permission.

Refunds policy

  1. As soon as payment is received, the client is deemed to have engaged our services. Our service is our professional advice and expertise. Once the service has been provided to the client it cannot be returned.
  2. There is no refund of any fees paid to us where the client’s visa application has been lodged to the Department of Immigration.
  3. Where a client pays us for an assessment service /consultation to review the clients profile or documents for eligibility to apply for a visa or related matters, the assessment /consultation fees are non-refundable once we have started to assess the clients profile or should the client decide for any reason not to proceed.
  4. If a client application becomes ineligible due to Australian Government, Immigration law or Immigration Authorities policy changes that have been introduced after the client engages to us and prior to a visa or citizenship application being lodged or relevant skills assessing authorities, there is no refund of our professional fees.
  5. If a client wishes to discontinue an application and that application has not been submitted to the Immigration Authorities, there is no refund of our professional fees.
  6. Disbursement fees such as Immigration or skills assessing authority application fees can only be refunded to clients where the application has not yet been submitted to the authorities.
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Privacy Policy

Reality Maker PTY. LTD. ATF RM (Reality-Maker) is committed to providing quality services to you and this policy outlines our ongoing obligations to you in respect of how we manage your Personal Information.

We have adopted the National Privacy Principles (NPPs) contained in the Privacy Act 1988 (Cth) (the Privacy Act). The NPPs govern the way in which we collect, use, disclose, store, secure, and dispose of your Personal Information.

A copy of the Australian Privacy Principles may be obtained from the website of The Office of the Federal Privacy Commissioner at www.privacy.gov.au.

All personal information collected is kept under strict confidence in accordance with the Migration Agents code of conduct. This Code can be found online.

What is Personal Information and why do we collect it?

Personal Information is information or an opinion that identifies an individual. Examples of Personal Information we collect: names, addresses, email addresses, phone, educational and employment backgrounds, family composition, and other relevant matters to assess your suitability for a visa, immigration, and citizenship matters.

This Personal Information is obtained in many ways including interviews, correspondence, by telephone and facsimile, by email, via our website https://www.reality-maker.com, https://www.reality-maker.com.au, https://www.reality-maker.ru, from media and publications, from other publicly available sources, from cookies- and from third parties. We don’t guarantee website links or policies of authorized third parties.

We collect your Personal Information for the primary purpose of providing our services to you, providing information to our clients and marketing. We may also use your Personal Information for secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use or disclosure. You may unsubscribe from our mailing/marketing lists at any time by contacting us in writing.

When we collect Personal Information we will, where appropriate and where possible, explain to you why we are collecting the information and how we plan to use it.

Sensitive Information

Sensitive information is defined in the Privacy Act to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a trade union or other professional body, criminal record or health information.

Sensitive information will be used by us only:

  • For the primary purpose for which it was obtained

  • For a secondary purpose that is directly related to the primary purpose

  • With your consent; or where required or authorized by law.

Your Email Address

We may use your email address to provide your consultation advice.

You need to keep your email address current.

You may update your email address to our email address, quoting your Full Name and Reference Number. If you do not provide us with a correct email address, you may not receive important information regarding your matter. We may use your email as a reference number to protect any information relevant to the service we are providing to you.

Your email address will not be shared with any organization external to us. It is our policy not to sell, trade, or rent your personal information to any third party.

It is our policy to only email marketing material to customers who give us permission to do so. By agreeing to these Terms and Conditions you give us this permission. If we send you an email other than an email containing no more than factual information (for example, an email advising you that these Terms and Conditions have changed), we will give you the option of not receiving further communications of this nature. This will allow you to opt-out of receiving emails containing marketing material at any time you wish.

Your mobile phone number

We may use your Mobile Phone number and any other instant messaging services associated with it to send any information relevant to the service we are providing to you.

We may use your Mobile Phone number and any other instant messaging services associated with it as a reference number to protect any information relevant to the service we are providing to you.

You need to keep your Mobile Phone number current. You may update your Mobile Phone number by contacting us via e-mail

Please contact Reality-Maker Pty Ltd ATF RM Trust if:

  • Your mobile phone has been lost or stolen;
  • Your mobile phone is not operational;

Any associated with your mobile phone instant messaging services you use to communicate with us is not in use.

We recommend that you nominate a Mobile Phone that is used by you exclusively. If the Mobile Phone is also used by other people, they may receive, or be able to access messages intended for you as part of the services provided by us.

Your Mobile Phone number or any other instant messaging services associated with it will not be shared with any organization external to us. It is our policy not to sell, trade, or rent your personal information to any third party.

Third Parties

Where reasonable and practicable to do so, we will collect your Personal Information only from you. However, in some circumstances, we may be provided with information by third parties. In such a case we will take reasonable steps to ensure that you are made aware of the information provided to us by the third party.

Disclosure of Personal Information

Your Personal Information may be disclosed in a number of circumstances including the following:

  • Third parties where you consent to the use or disclosure; and

  • Where required or authorized by law.

Security of Personal Information

Your Personal Information is stored in a manner that reasonably protects it from misuse and loss and from unauthorized access, modification, or disclosure.

When your Personal Information is no longer needed for the purpose for which it was obtained, we will take reasonable steps to destroy or permanently de-identify your Personal Information. However, most of the Personal Information is or will be stored in client files which will be kept by us for a minimum of 7 years.

Access to your Personal Information

You may access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please contact us in writing.

Reality-Maker will not charge any fee for your access request but may charge an administrative fee for providing a copy of your Personal Information.

In order to protect your Personal Information, we may require identification from you before releasing the requested information.

Maintaining the Quality of your Personal Information

It is important to us that your Personal Information is up to date. We will take reasonable steps to make sure that your Personal Information is accurate, complete, and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

Policy Updates

This Policy may change from time to time and is available on our website.

Privacy Policy Complaints and Enquiries

If you have any queries or complaints about our Privacy Policy please contact us at:

Address: 342 Riding Road, Balmoral, 4171 QLD, Australia

GDPR Compliance – Reality-Maker

This privacy policy will explain how our organization uses the personal data we collect from you when you use our website https://www.reality-maker.com, https://www.reality-maker.com.au, https://www.reality-maker.ru

What data do we collect?

Our Company collects the following data:

  • Personal identification information (Name, email address, phone number, etc.)

  • Educational and employment details. Family composition and visa specific details to assess your eligibility.

How do we collect your data?

You directly provide Our Company with most of the data we collect. We collect data and process data when you:

  • Register online or place an order for any of our products or services.

  • Voluntarily complete a questionnaire or provide feedback on any of our message boards or via email.

  • Use or view our website via your browser’s cookies.

Our Company may also receive your data indirectly from the following sources:

  • Collect chat

  • Acuity Scheduling

How will we use your data?

Our Company collects your data so that we can:

  • Determine your eligibility and assist with your application and manage your account.

  • Email you with immigration updates products and services we think you might like.

If you agree, Our Company will share your data with our partner companies so that they may offer you their products and services.

When Our Company processes your order, it may send your data to, and also use the resulting information from, credit reference agencies to prevent fraudulent purchases.

How do we store your data?

Our Company will keep your personal data for 7 years. Once this time period has expired, we will delete your data automatically.

Marketing

Our Company would like to send you information about products and services of ours that we think you might like.

If you have agreed to receive marketing, you may always opt-out at a later date.

You have the right at any time to stop Our Company from contacting you for marketing purposes.

If you no longer wish to be contacted for marketing purposes, please .

What are your data protection rights?

Our Company would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:

  • The right to access– You have the right to request Our Company for copies of your personal data. We may charge you a small fee for this service.
  • The right to rectification– You have the right to request that Our Company correct any information you believe is inaccurate. You also have the right to request Our Company to complete the information you believe is incomplete.
  • The right to erasure– You have the right to request that Our Company erase your personal data, under certain conditions.
  • The right to restrict processing– You have the right to request that Our Company restrict the processing of your personal data, under certain conditions.
  • The right to object to processing– You have the right to object to Our Company’s processing of your personal data, under certain conditions.
  • The right to data portability– You have the right to request that Our Company transfer the data that we have collected to another organization, or directly to you, under certain conditions.

If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us at our .

Cookies

Cookies are text files placed on your computer to collect standard Internet log information and visitor behavior information. When you visit our websites, we may collect information from you automatically through cookies or similar technology

For further information, visit allaboutcookies.org

How do we use cookies?

Our Company uses cookies in a range of ways to improve your experience on our website, including:

  • Keeping you signed in

  • Understanding how you use our website

What types of cookies do we use?

There are a number of different types of cookies, however, our website uses:

  • Functionality – Our Company uses these cookies so that we recognize you on our website and remember your previously selected preferences. These could include what language you prefer and the location you are in. A mix of first-party and third-party cookies are used.

  • Advertising – Our Company uses these cookies to collect information about your visit to our website, the content you viewed, the links you followed, and information about your browser, device, and your IP address. Our Company sometimes shares some limited aspects of this data with third parties for advertising purposes.

How to manage cookies

You can set your browser not to accept cookies, and the above website tells you how to remove cookies from your browser. However, in a few cases, some of our website features may not function as a result.

Privacy policies of other websites

Our Company website contains links to other websites. Our privacy policy applies only to our website, so if you click on a link to another website, you should read their privacy policy.

Changes to our privacy policy

Our Company keeps its privacy policy under regular review and places any updates on this web page. This privacy policy was last updated on 29 June 2020.

How to contact us

If you have any questions about Our Company’s privacy policy, the data we hold on you, or you would like to exercise one of your data protection rights, please do not hesitate to contact us:

Address: 342 Riding Road, Balmoral, 4171 QLD, Australia

Thank you for contacting us.
Your request

Respectfully,
Australian Registered Migration Agent
Viktor Ovcharenko MARN 0964258

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