New tough character test will make it difficult for anyone with a criminal history to secure a visa - Migration Place

The Minister for the DIAC announced that the government will implement tougher character assessment for migrants, and provide greater detail on the key principles that will help to set the criteria for visa refusal or cancellation.

The Minister explained: “It identifies the considerations I believe to be important in deciding whether to exercise the discretion to refuse or cancel a person’s visa on character grounds.”

The new ministerial direction confirms:

  1. that non-citizens must abide by Australian laws and must not cause any harm or threat to an Australian citizen.
  2. that Australia has a low tolerance for any criminal conduct .
  3. that any non-citizen who commits a serious crime – including those of a sexual or violent nature – should expect to have their visa cancelled or refused.
  4. that some conduct and offences are so severe that if they were to be repeated, it would be completely unacceptable.
  5. Offences will also be considered in light of how long the individual has spent in Australia – for example, those who have only been in the country for a short period of time, can have their visa cancelled for even minor offences committed whilst in Australia.

The Migration Place is a law Firm experienced in Court and Tribunal matters, and our Principal migration lawyer, Zeke Bentley has over 16 years of Court experience at all levels.

If you are charged with a crime whilst in Australia, then we can assist you with:

  1. defending the charges in Court
  2. advising you on the correct strategy to adopt to preserve your visa eligibility
  3. arranging a criminal justice visa
  4. preparing submissions to help secure a waiver of the character test.

If you have overstayed your current visa or have otherwise breached your visa conditions, then we can also assist you with:

  1. reporting to DIAC to arrange an orderly exit
  2. Drafting submissions to DIAC to help avoid a re-entry ban being imposed
  3. Seeking bridging visas and advising on a future visa strategy