When applying for an Australian visa, it's important to be aware of the character requirements that applicants need to meet. Australia has strict regulations regarding the character assessment of visa applicants to ensure the safety and security of the country. Understanding these requirements is essential for a successful visa application process.
The character requirements for an Australian visa typically include a police clearance certificate or similar documentation from the applicant's home country or any other countries where they have spent a certain period of time. This is necessary to demonstrate that the applicant does not have a criminal record, particularly for offenses involving violence or harm to others.
Applications for visas are always subject to the good character requirements set out in s 501 of the Migration Act 1958. A visa may be refused or subsequently cancelled if a person does not satisfy the decision-maker that they pass the character test in s 501(6).
As part of the visa application process an applicant may be required to provide additional personal details for further character checks: Form 80—Personal particulars for character assessment including character assessment.
As well, an applicant may be asked to complete a Statutory Declaration with respect to character or to provide a police clearance certificate or some other evidence to satisfy the character requirements. For more information see the Department of Home Affairs’ The Character Requirement.
Generally, an applicant will not pass the Character Test if:
1. they have a substantial criminal record;
2. they have been convicted of escaping from immigration detention;
3. they are, or have been, a member of a recognised criminal organisation;
4. they have been reasonably suspected of committing certain offences of international concern including people smuggling and war crimes;
5. they have been convicted of sexually based offences involving a child;
6. past and present criminal or general conduct shows that they are not of good character; and
7. there is a risk that while in Australia they would engage in criminal conduct or be a danger to the Australian community.
Advice for Applicant
Applicants should be honest and transparent when providing information related to their character, criminal history, and immigration record. Failing to disclose relevant details can lead to serious consequences, including visa refusal or cancellation.
In conclusion, meeting the character requirements for an Australian visa is a critical aspect of the application process. Applicants should be diligent in providing all necessary documentation and information to demonstrate their good character and compliance with immigration laws. By understanding and fulfilling these requirements, individuals can enhance their chances of a successful visa application and pursue their goals in Australia.
What to Do If Your Visa is Cancelled or Refused?
If you or your family member’s visa has been refused or cancelled on character ground, Call Us Immediately and Request an Urgent Session with the principal of our law firm.