Criminal Record Problems
A criminal record doesn't have to end your Australian dream.
Having a criminal record can create significant challenges for your visa application, but it does not automatically mean your visa will be refused or cancelled. The character test under section 501 of the Migration Act considers multiple factors, and a well-prepared submission addressing these factors can make the difference between staying in Australia and being removed.
The character test under s501 of the Migration Act considers whether a person has a 'substantial criminal record' (defined as a sentence of 12 months or more imprisonment), whether they are associated with criminal organisations, and whether their past and present conduct indicates they are not of good character. A person who fails the character test may have their visa refused or cancelled.
However, failing the character test does not automatically result in visa refusal or cancellation. The decision-maker must also consider factors including: the nature and severity of the offending, the risk of re-offending, rehabilitation, the impact on Australian citizen family members (particularly children), the person's ties to Australia, and the best interests of any children affected by the decision.
I have extensive experience defending clients against character-based visa refusals and cancellations. I prepare detailed submissions that address every relevant factor, gather evidence of rehabilitation and community ties, and present compelling arguments for why the visa should be granted or reinstated despite the criminal record.
What I do
- Assess how your criminal record affects your visa eligibility under the character test
- Prepare detailed submissions addressing all relevant factors in the character assessment
- Gather evidence of rehabilitation, community ties, and family impact
- Respond to Notices of Intention to Consider Cancellation (NOICC) on character grounds
- Represent you at ART hearings for character-based refusals and cancellations
- Appeal to the Federal Courts if the ART decision is unfavourable
- Apply for ministerial intervention in compelling cases