Character Criteria - Visa Cancellation

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

(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:
• Overseas
• In Australia

• Trade qualifications, skills and experience (details of courses):
• Overseas
• In Australia

• 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)
• Australia
• Overseas

• Details of investments in land, real estate etc.
• Accommodation and employment plans after release

(including persons able to assist in resettlement)

• Give reasons for migration (or travel to Australia).
• Difficulties encountered in former country/countries prior to arrival
• Settlement problems in Australia (if any)
• Addresses in Australia (in chronological order, do not leave gaps)
  (Address / Type / Shared / How found / Period of residence)
• Acquisition of permanent home - details
• 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
• Did you ever have any interest in acquiring Australian citizenship? Indicate details
  and reasons why not sought.
• Length of residence in former country (or countries)
• Relatives and friends still living in former country (or countries)
• Last address in former country (or countries)
• Links with country of origin
• retention of cultural and political ties
• Has he or she retained property/business interests overseas?

• Reaction to possible deportation (list ALL fundamental reasons).
  Are any special difficulties foreseen? (Elaborate)
• If deported, who can assist with resettlement in former country?
• Is there any other person likely to suffer detriment if he or she is deported? Who?
  (Was this aspect taken into account when the offence was committed?)

In most cases before your visa is cancelled you will get a chance to put in those reasons.

However, if the Minister for Immigration rather than an immigration officer personally signs
the cancellation then you may not get an opportunity to give reasons why your visa should
be cancelled.

If your visa is personally cancelled by the Minister you should read the
Federal Court section and Where to Get Help section.

Please note: RAILS does NOT provide advice by email.

Last update: 13/06/06

LEGAL DISCLAIMER
The information on this website is not a substitute for legal advice.
If you have legal questions about a case, you should seek assistance from RAILS or another registered migration agent. Immigration law is constantly changing and no responsibility is taken for the accuracy of any information that may appear on this or any linked websites.

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