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Home » Immigration Guides » Character Test [Update March 2023]

Character Test [Update March 2023]

Nilesh Nandan · October 23, 2023 · 1 Comment

Home » Immigration Guides » Character Test [Update March 2023]

On This Page...

  • Get Character Test Help Here.
  • The Purpose Of The Character Test
  • Character Test: Refusal And Cancellation
  • Grounds For Visa Refusal And Cancellation
  • Appeals
  • Your Experience?

Get Character Test Help Here.

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.

Criminal-Record-Character-Requirement-Nilesh-Nandan-MyVisa-Australia-Immigration-Lawyer
Character Test – Nilesh Nandan Immigration Lawyer

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. 

 To discuss in detail contact us.

Your Experience?

Please share your comments with me.

I’d love to know more about your experience!

Immigration Guides

Reader Interactions

Comments

  1. Ken says

    October 10, 2022 at 11:31 am

    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)

    Reply

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Nilesh Nandan has previously been nominated to work alongside other leading experts to provide strategic advice to the Australian Government's Department of Home Affairs including potential reforms to the legislative framework governing the industry. Views expressed on this web site are his own and do not reflect the views of the Migration Advisory Group.

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