Every person applying for an Australian visa must satisfy the ‘character requirements’. These are designed to ensure that anyone entering or remaining in Australia does not pose a risk to the community. While the threshold may sound straightforward, the assessment can be detailed – and even minor issues can complicate an application.
The Department considers a wide range of factors, including your criminal history (in Australia or overseas), any past convictions or charges, good behaviour bonds, time spent in prison, associations with individuals involved in criminal conduct, past visa cancellations, and even patterns of behaviour that may indicate a risk of future offending.
The character requirements apply to everyone, but they can have a particularly significant impact on two groups:
- New Zealand citizens seeking to enter Australia; and
- Temporary visa holders generally.
In terms of New Zealand citizens, whilst these travellers would normally be ‘automatically’ granted a Special Category Visa (Subclass 444) at the border upon entering Australia, this may be ‘blocked’ if they have a criminal history. Alternatively, if they are already in Australia, then their visa may be subject to cancellation and they may be deported from Australia. As part of the cancellation process, the Department will assess the nature of the offence, time elapsed, rehabilitation, and whether the conduct suggests any ongoing risk.
For temporary visa holders generally, the character requirement can be especially important because Australia’s immigration framework allows for visa refusal or cancellation.
A key element is the ‘substantial criminal record’ test. If a person has been sentenced to 12 months or more of imprisonment (including suspended sentences), they are automatically considered to fail the character test. However, this does not automatically mean visa refusal – it simply means the Minister (or a delegate) must weigh the risks and mitigating factors. In particular, the Department may still consider compassionate factors such as family ties, long residence, stable employment, and contributions to Australia.
Early advice is essential. In borderline cases, a carefully prepared submission (supported by evidence of rehabilitation, community ties, and positive conduct) can make a significant difference to the outcome and may prevent disruption to family unity, travel plans, or a person’s ability to remain in Australia.
If you or anyone you know has past legal or behavioural issues, we’re here to help you understand your options so please reach out for a confidential discussion.
