To gain permanent residency in Australia, applicants must pass a good character test.
The Department of Home Affairs has the power to refuse and cancel a visa application if the applicant does not satisfy it that he or she passes the character test.
What is the character test?
The character test assesses whether non-citizens pose a risk to the Australian community.
Section 501 of the Migration Act 1958 stipulates that you must pass the character test in order to apply for permanent residency in Australia.
Failure to meet the requirements
This may occur if:
- You have a substantial criminal record if you have been found guilty of committing:
- sentenced to die or be in prison for the rest of his life
- sentenced to 12 months or more in prison
- A person convicted of two or more terms of imprisonment totaling more than 12 months is a career criminal.
- a person found unfit to plead in relation to an offense, but guilty of the offence and detained in a facility or institution.
- You have been charged with an offence while you were, during or after escaping from the immigration centre.
- You’ve been a member of a group that the Minister believes has been involved in criminal conduct.
- The Minister suspects that you have been involved in the commission of human rights abuses, including people smuggling, people trafficking, genocide, war crimes, crimes against humanity and acts involving torture or slavery.
- Your past and present criminal conduct shows that you are not a person of good moral character.
- There is a risk that you could commit a crime in Australia if you were allowed to enter or live there.
- You have been found guilty of, or pleaded guilty to, sexually-based offences involving children in Australia or a foreign country.
- The Australian Intelligence Organisation has assessed you as a security risk.
- You are noted in Interpol’s database.
How does DoHA check your character?
The Department of Home Affairs has a variety of methods or avenues to check whether an applicant passes or fails the character test. These methods include:
- The visa application form asks for self-declarations on character issues.
- Australian police certificates and other foreign police certificates
- Prisoner lists provided by correctional facilities
- A system check with other government agencies is required.
It is crucial to be frank in your dealings with the Department of Home Affairs. It is important to be consistent when applying for visas. For example, while appying your temportary visa you have declared that you had no criminal history.
Then, you apply for a permanent residency visa, and the Department of Home Affairs requests police certificates from every country in which you have resided for at least 12 months over the past ten years.
A police check reveals that you have a criminal record, which would jeopardise your permanent residency application.
What are your review rights?
If the DoHA refuses to grant or cancels your visa, you can ask the Administrative Appeals Tribunal to review this decision. You have 9 days from the date of receiving written notice of the DoHA’s decision to lodge an appeal with the AAT. If you are outside Australia, you have 28 days.
In addition to the AAT, The Federal Court or High Court may review your matter.
