Common reasons include:
- Substantial Criminal Record (12+ months imprisonment).
- Association with criminal groups or activities.
- History of violence, sexual offenses, or public safety risks.
- Failing to meet general moral conduct standards.
What Are the Character Requirements for an Australian Visa?
Under Section 501 of the Migration Act 1958, all visa and citizenship applicants must meet character requirements to be granted an Australian visa. The Character Test is used by the Department of Home Affairs to assess whether applicants pose a risk to the Australian community.
The Australian government has been tightening visa refusal and cancellation policies on character grounds in the interest of public safety. While a formal character waiver does not exist, mitigating factors may allow a visa to be granted or not cancelled if the case is presented correctly.
Common Grounds for Visa Refusals & Cancellations Based on Character
1. Substantial Criminal Record
Any applicant sentenced to 12 months or more of imprisonment is considered to have a substantial criminal record, even if the sentence was suspended or the individual did not serve time.
This also applies if the applicant was:
- Acquitted of a crime due to mental health issues but was still found to have committed the act.
- Detained in a facility or institution for committing an offence.
2. Past and Present Conduct
Applicants may fail the Character Test based on past or present conduct, even if it does not meet the criminal threshold.
The Department assesses:
- Enduring moral character over a continued period.
- General conduct, including past compliance with Australian laws.
- Evidence of good conduct during relevant periods.
3. The Character Test Criteria
A person may not meet the Character Test if they:
- Have a substantial criminal record.
- Have been convicted of escaping from immigration detention or committing an offence while in detention.
- Are or were associated with a person, group, or organisation suspected of criminal activities.
- Are suspected of involvement in people smuggling, human trafficking, genocide, war crimes, crimes against humanity, or other serious international crimes.
- Have a history of criminal or general conduct that indicates they are not of good character.
- Pose a risk of engaging in criminal conduct, harassment, inciting discord, or being a danger to the Australian community.
- Have been convicted of sexually based offences involving a child.
- Are subject to an adverse security assessment by the Australian Security Intelligence Organisation (ASIO).
- Are subject to an Interpol notice, indicating a risk to Australia.
Visa Refusals and Cancellations Under Section 501
Substantial Criminal Record
Any applicant sentenced to 12 months or more of imprisonment is automatically considered to have a substantial criminal record.
This includes:
- Suspended sentences.
- Acquittals based on mental health where the person was still found to have committed the crime.
- Detainment in a facility or institution for a crime.
Past and Present Conduct
Conduct that does not meet the criminal threshold may still lead to visa refusal or cancellation.
- The Department reviews the individual’s moral character over time.
- Good conduct is also considered in the assessment process.
Further Advice & Assistance
At Global Vision Migration, we have assisted many applicants in presenting strong cases to the Department of Home Affairs, the Administrative Review Tribunal (ART), and relevant courts.
If you need expert legal advice regarding visa refusals or cancellations on character grounds, we can help you build a compelling case to improve your chances of success.
Schedule a Consultation with Global Vision Migration for Expert Immigration Advice and Assistance
FAQs for Australian Visa Character Waivers
While no formal character waiver exists, applicants can submit mitigating evidence, such as:
- Good behavior and rehabilitation efforts.
- Family ties in Australia.
- Contribution to the community or employment history.
- Any exceptional circumstances justifying the visa grant.
You may have options to:
- Request Ministerial Intervention for reconsideration.
- Appeal to the Administrative Appeals Tribunal (AAT).
- Seek judicial review if a legal error occurred in the decision-making process.
GVM can help you:
- Gather statutory declarations and character references.
- Present legal arguments and mitigating factors.
- Demonstrate low risk to the Australian community through rehabilitation and compliance records.
Having a criminal record does not automatically disqualify you from obtaining a visa. The Department assesses factors like:
- The nature and severity of the offense.
- Time elapsed since the conviction.
- Evidence of rehabilitation and good conduct.
