Good Character

People arriving in Australia with a visa, either to stay permanently or just for a few months, must be of good character. They must satisfy what are referred to as the "Public Interest Criteria", those requirements that effect the Australian public. It is the job of the visa applicant to prove that he or she is of good character.

Section 501 of the Migration Act 1958, now includes a character test in the visa application to allow visa officers to assess people’s character, and this test also allows the officers some discretion in accepting a visa on character grounds.

Permanent Exclusion from Australia

If your visa is refused at application on the grounds of either a substantial criminal record or past criminal conduct you will never gain visa grant for Australia in the future. Or if your visa is cancelled as a result of your criminal conduct while you are here (and you have not become a citizen) then you will never be granted another Australian visa.

Passing and failing the Character Test

You may fail the character test if you:

• Have a substantial criminal record. This means a prison term of more than 1 year, a life or death sentence, two or more prison terms that total more than two years in jail. Or if you have been acquitted of an offence on the grounds of unsoundness of mind or insanity, and as a result been placed in a secure facility.

• Have, or have in the past, been associated with a group or an individual who has been involved in criminal activities.

• Give the Australian Visa authorities reason to believe there is a significant risk that you may engage in criminal behaviour, such as causing mental or physical harm to someone in Australia, or saying and writing publicly that a section of the Australian community is ‘bad’ or ‘wrong’, without giving due cause, or that you may spread and incite discord in Australia.

• When your past or present behaviour gives the Australian authorities reason to consider that you are not of good character.

Discretionary powers of Australian visa officers

When a visa applicant fails the Character Test, or a visa holder commits an act that threatens their good character record, and their visa may be refused or withdrawn, the Australian visa officers may exercise their discretion to allow visa grant or the continuation of the visa. There are strict guidelines for allowing a favourable discretionary decision.

Police Clearances and other character references

You may be asked to provide a police certificate or clearance to show whether you are of good character. In some instances applicants may be asked for more personal details to enable further character checks to be made. If the Department of Immigration and Multicultural and Indigenous Affairs (DIMA) requires this information they will contact you. You don’t have to provide this information when you apply.

How to apply for a Police Clearance,
if required by the Department of Immigration and Multicultural Affairs.