One of the foundational requirements of Australian immigration law is the ‘character test’. The ‘character test’ is a prism through which the Department of Home Affairs assesses whether a visa applicant's criminal history will prevent grant of a visa, or if a visa holder can continue to hold one.
Section 501 of the Migration Act 1989 defines the ‘character test’. The legislation (and Ministerial Directions) is quite broad in application; however, some examples of why an applicant (or visa holder) may not pass the character test can include:
- They have a substantial criminal record
- They pose a threat or danger to the Australian community
- The Minister believes the person is not of good character due to their past of present conduct.
Contact us if you are faced with a potential refusal or cancellation based on character grounds.