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The Purpose Of The Character Test
Visa cancellation and criminal deportation continue to be a large focus by the current Australian government. Many individuals have had their visas cancelled over the past four years because of criminal records.
All non-citizens who wish to enter or remain in Australia must satisfy the character requirement of Section 501 of the Migration Act 1958.
The two objectives of the character framework are:
- to protect the Australian community from the risk of harm posed by non-citizens of character concern, in line with community and government expectations and
- to maintain the integrity and public confidence in the character framework.
The Department of Home Affairs may refuse or cancel a visa if the visa applicant is unable to satisfy the Department of Home Affairs that they pass the Character Test.
Character Test: Refusal And Cancellation
If a person does not pass the character test, s501 provides:
- a discretionary power to refuse a visa; or
- a discretionary power to cancel a visa; or
- a mandatory cancellation provision.
Grounds For Visa Refusal And Cancellation
These include:
- a substantial criminal record;
- a conviction for immigration detention offences;
- association with persons suspected of engaging in criminal conduct;
- past and present criminal or general conduct; or
- significant risk of particular types of future conduct.
The most important of these is if a visa applicant has a substantial criminal record, particularly if they were:
- sentenced to prison for more than 12 months; or
- sentenced to two or more terms of imprisonment, where the total of those terms is 12 months or more (this includes all terms of imprisonment, including those that are to be served concurrently).
Appeals
If a person fails the character test and the visa is refused, a person may have recourse to the Administrative Appeals Tribunal or the Courts.
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Your Experience?
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5 Responses
Dear Sir,
I’d like to arrange a consultation regarding my visa. Could you please let me know your availability?
Thank you
Hi Maya,
You can book a consultation with me by visiting [myvisa.com.au/appointment](http://myvisa.com.au/appointment).
For complex matters, please schedule a formal consultation. For simpler queries, you’re welcome to use my 10-minute service.
Looking forward to helping you further! 😊
Regards,
Nilesh Nandan
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
http://myvisa.com.au/
Hi
Please help, l released from court in good behaviour bond for 6 months by doing 2 criminal damage, 1 steal and 1 indictable offence because of schizophrenia will these offences and good behaviour bond without conviction will effect my permanent residency 191, will I get permanent residency or not?
Dear Muhammad,
Thank you for your query.
Your situation involves both health and character considerations, which will indeed be taken into account for the grant of permanent residency under the subclass 191 visa.
Under Section 501 of the Migration Act, the Minister has the power to refuse or cancel a visa if the applicant does not pass the character test. Factors such as your good behaviour bond and criminal charges may raise concerns, even if no conviction was recorded. The Department will assess the nature and seriousness of your offences, along with any mitigating factors, such as your mental health condition. It is possible that your history could affect your application, but it will depend on the specific circumstances and whether the Department finds that you fail the character test.
In addition to character requirements, health requirements must also be met. Given your diagnosis of schizophrenia, the Department may conduct a thorough assessment to determine whether your health condition poses significant costs to the Australian community or affects your ability to function independently.
I would strongly recommend seeking tailored advice on this matter. If you’d like to discuss your case in more detail and explore ways to strengthen your application, feel free to book a chat with me here: MyVisa/appointment.
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Regards,
Nilesh
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
http://myvisa.com.au
Dear Sir ,
I read the explanation of the section 501 of Australia.
May I ask if I have a criminal conviction ( upskirting). Unlawful observation and film intimate part . My penalty is social service order (without jail ) . It is my only conviction. Is it mean that I can automatically pass the test ?
Or I will be failed due to this is kind of sexual offence ? Even if my purpose is short term travel (no immigration)