| |
Character Criteria – Visa Applicants
People who want to either migrate to Australia or stay temporarily
on working and tourist visas,
must be of good character. Visa holders and applicants can have
their visas cancelled or refused if
they do not pass the character test.
A person fails the test if he or she:
(1) has a substantial criminal record
(2) has an association with an individual, group or organisation which
is suspected of being
involved in criminal conduct
(3) is not of good character having regard to past criminal or
general conduct
(4) is at significant risk of engaging in future, unacceptable
conduct
What is a 'Substantial criminal record'?
The Migration Act says a person has a substantial criminal record
if they have been:
- sentenced to a term of imprisonment for 12 months or more;
or
- sentenced to either death or life imprisonment; or
- sentenced to two or more terms of imprisonment (whether on
one or more occasions),
where the total of those terms is two years or more; or
- acquitted of an offence on the grounds of either unsoundness
of mind or insanity and,
as a result, the person has been detained in a facility or institution.
What will the Minister take into consideration when deciding
to cancel or refuse to grant a visa?
The factors the Department or Minister will consider on whether
to cancel are:
- the protection of the Australian community, and members of
the community;
- the expectations of the Australian community; and
- if relevant, the best interests of a child or children under
the age of 18
Other Important Considerations
There are other important factors to consider:
The following points are practical ways to help prove the "other
considerations" that the
Department considers important.
It is important to note that the onus is on you to prove that these
considerations apply to you.
Therefore, the more relevant information you can provide, the stronger
your case will be.
Depending on your individual circumstances the kind of evidence
that would help you may
include some of the information set out below:
- Previous long standing relationships - Names of partner(s),
length of relationships
- Family composition (names and addresses):
- Parents
- Siblings (married or single)
- Degree of contact with parents and siblings prior to sentence.
- Degree of contact with parents and siblings during sentence
(e.g.; visits, letters)
- Other relatives in Australia (names, relationship and addresses)
- Any particular friends or relatives with whom there is a close
relationship. If so, details.
- Circle of friends in Australia. How friendship arose
- Educational qualifications:
- Trade qualifications, skills and experience (details of courses):
- Details of employment prior to arrival
- Employment history in Australia (in chronological order, do
not leave gaps)
(Name of firm, how found, how employed, period of employment,
reason for leaving)
- Periods of unemployment:
- give reasons
- Steps taken to find employment
- Have unemployment benefits been received? (period)
- Assets in Australia and overseas (savings, goods and effects,
business interests)
- Details of investments in land, real estate etc.
- Give reasons for migration (or travel to Australia).
- Difficulties encountered in former country/countries
- Hobbies or interests (any community involvement)
- Details of enrolment to vote (British only) (nominate electorate,
subdivision etc)
- Details of attempts to acquire knowledge of English language
- Interest in acquiring Australian citizenship
- Length of residence in former country (or countries)
- Relatives and friends still living in former country (or countries)
Please note: RAILS does NOT provide advice by email.
|
printer
friendly