# Garda Clearance for someone arrested but not charged.



## updadubs (13 Sep 2011)

Can someone be refused Garda Clearance, needed for Australian residency, if they were arrested and questioned but never charged ?

D


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## bullworth (13 Sep 2011)

updadubs said:


> Can someone be refused Garda Clearance, needed for Australian residency, if they were arrested and questioned but never charged ?
> 
> D



I don't see how it can cause a problem. Even if that person was charged and ended up in court, if the verdict was one of innocence how could they be punished for being proven innocent ?


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## SarahMc (13 Sep 2011)

There is no such thing as Garda Clearance, only Garda vetting.
Only convictions and prosecutions show up on the vetting report.


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## updadubs (13 Sep 2011)

Thanks SarahMc, but you require a garda clearance cert to apply for Australian residency.


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## SarahMc (13 Sep 2011)

I stand corrected so, but I know that the reports recieved back from the Garda Vetting Unit do not include arrests or soft information, and would imagine the same information is provided for the Australian Embassy as for people working with children here.


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## becky (13 Sep 2011)

The cert issued to an individual for the purpose the OP mentioned is different to that issued to an employer.  These certs state that they should not be used for employment purposes.


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## updadubs (13 Sep 2011)

The cert is require by the australian government to enable any individual to apply for a number of visa and to gain residency.


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## becky (14 Sep 2011)

You should simply request it.  It isn't an issue of a garda clerance being refused, it's whether the Australian government will be happy to allow the person into the country based on the information on the cert.  From what you posted there doesn't look like there is an issue.


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## bullworth (14 Sep 2011)

I needed something I think was called a certificate of no convictions for a visa in the past. I think that's all the Garda can do. It doesn't sound in keeping with the principle of innocent until proven guilty and laws against slander etc for the Guards or indeed anyone else to start throwing around accusations based upon something unproven. People can be arrested based upon mistaken identity etc. It would not be fair for someone to have a criminal record when to all intents and purposes they are innocent of any crimes.


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