The character assessment form explained
Form 80 — officially titled Personal Particulars for Character Assessment — is a Department of Home Affairs form used to gather detailed personal information about a visa applicant for the purpose of assessing their character under the Migration Act 1958.
The character requirements for Australian visas are set out under section 501 of the Migration Act 1958. Before granting a visa, the Department must be satisfied that the applicant meets the character test. Form 80 is the primary instrument through which the Department collects the information it needs to make that assessment.
The form is not automatically required for every visa application. The Department requests it on a case-by-case basis during processing, typically when an applicant has a criminal history, has lived in multiple countries, has served in a military force, or when the Department has other reasons to conduct a more thorough character check.
That said, certain visa subclasses — including partner visas, protection visas, and some permanent residency pathways — routinely trigger a Form 80 request as a matter of course. If you are applying for one of these visas, you should be prepared to complete Form 80 as part of your application process.
What information does Form 80 require?
Form 80 is a detailed document. It requires comprehensive personal history information covering the following areas.
Understanding the character test under s.501
The character test is defined in section 501(6) of the Migration Act 1958. A person does not pass the character test if they have a substantial criminal record, have been convicted of certain offences involving children, have been a member of a criminal organisation, or if the Minister reasonably suspects they have been involved in people smuggling, trafficking, genocide, war crimes, or other specified conduct.
A "substantial criminal record" is defined in s.501(7) and includes a sentence of death or life imprisonment, a sentence of 12 months or more, or two or more sentences that together total 12 months or more.
Failing the character test does not automatically mean your visa will be refused. The Minister retains a discretion to grant a visa even where an applicant does not pass the character test. Ministerial Direction 110 sets out the framework for how that discretion is exercised, including the weight to be given to factors such as the best interests of children in Australia, the strength of ties to Australia, the nature and seriousness of the offending, and the risk of reoffending.
If you have any criminal history — in Australia or overseas — I strongly recommend seeking legal advice before completing Form 80. How you present your history, and what supporting evidence you provide, can make a material difference to the outcome of your application.
Mistakes that cause visa refusals
In my 27 years of practice, I have seen Form 80 errors cause visa refusals that could have been avoided. These are the most common.
My advice on completing Form 80
Form 80 is not a form you should rush. I have seen applications derailed by a single address that was left out, a conviction that was not disclosed, or a date that did not match the passport. The Department has access to police records, border crossing data, and information from foreign governments. Inconsistencies are identified.
If you have a clean history and straightforward circumstances, completing Form 80 accurately is largely a matter of patience and thoroughness. Take the time to gather your records — old lease agreements, employment contracts, and travel documents will help you reconstruct your history accurately.
If you have any criminal history — even a minor offence from many years ago, even in another country — you should seek legal advice before completing this form. The way you present your history, the supporting documents you provide, and the submissions you make alongside the form can make a material difference to whether your visa is granted.
I have represented clients with serious criminal histories who have been granted visas, and I have seen clients with minor histories refused because their applications were not properly prepared. The character test involves a balancing exercise, and the outcome depends significantly on how the case is presented.
Form 80 — common questions answered
Other immigration forms and resources
Concerned about your character assessment?
If you have been asked to complete Form 80, or if you have a criminal history and are concerned about how it may affect your visa application, I can assess your situation and advise you on the best approach. A $97 consultation gives you direct access to 27 years of immigration law experience.
This page provides general information only and does not constitute legal advice. Your circumstances may differ. Always seek advice specific to your situation.