Immigration Lawyers and Migration Agents

Your Australian Visa Our Focus

Picture this: you've been living in Australia for the last 10 years with your wife and child. You had a criminal history in your home country, but you moved away to get a fresh start and put that life behind you. You're here on a genuine visa and you're earning your keep by legitimate means. But then you get a notification from the Department of Home Affairs saying your visa has been cancelled due to "character grounds", and you have 9 days to lodge an appeal or you must leave the country. What are you going to do?!

Section 501 of the Migration Act 1958 gives the Minister for Home Affairs, or their delegate, the right to refuse or cancel a visa if they are satisfied that the visa holder does not pass the "character test". In addition, Subsection 501(3A) imposes an obligation on the Minister to cancel a visa if an applicant/visa holder fails the character test for specific reasons- which means if you tick the right boxes, the Minister must cancel your visa.

These laws have only recently been put into place but they apply retrospectively. This means that even though the law didn't exist when you moved to Australia and got your visa, it applies to you now. And that's how people find themselves in very difficult situations like in the example above.

What is the Character Test?

The character test is set out in Subsection 501(6) of the Migration Act and it lists a number of reasons for which a visa can or should be cancelled. The list is long, but it includes:

• having a substantial cirminal record
• having committed sexually based offences against a child;
• having committed offences while in or escaping from immigration detention;
• being involved in people smuggling or slavery; or
• being part of a criminal organisation (such as the mafia).

In our experience, the most common reason for cancellation of refusal is though incurring a "substantial criminal record".

Substantial Criminal Record

The Migration Act says a person has a "substantial criminal record" if they have been (and this is not an exchaustive list):

• sentenced to a term of imprisonment of 12 months or more;
• sentenced to death; or
• found unfit to stand trial, and has been retained in a facility or institution.

What Can You Do About a Visa Refusal or Cancellation for Character Reasons?

Refusal or cancellation decisions are appealable to the Administrative Appeals Tribunal. The tribunal is required to make a decision on the appeal within 84 days of the applicant being notified of the refusal/cancellation.

Just as with the Minister, the tribunal is required to weigh up the facts that arise in the matter with respect to Ministerial Direction 90, as follows:

Primary considerations:

• Protection of the Australian community from criminal or other serious conduct;
• Whether the conduct engaged in constituted family violence;
• The best interests of minor children in Australia;
• Expectations of the Australian community.

Other considerations:

• International non-refoulement obligations (not sending you back to a country where you will be persecuted);
• Extent of impediments if removed (how badly you would be affected by it if you are sent home);
• Impact on victims; and
• Links to the Australian community, including:
  1. Strength, nature and duration of ties to Australia (such as family, friends and community); or
  2. Impact on Australian business interests.

As you can see, Ministerial Direction 90 provides ample opportunity for a lawyer to develop an appeal argument. The tribunal’s decision ultimately turns on the weight it assigns to each consideration and whether it feels the positives outweigh the negative aspects of an applicant’s situation.

In our experience it is important to recognise an appeal’s strengths and weaknesses and focus submissions accordingly. For example, if an applicant has an extensive criminal record there is no value in trying to argue that they don’t. Instead, it is important to acknowledge it and provide an explanation and context for that offending as well as emphasising the positive aspects of their situation – such as family, cultural, or business ties to Australia. The discretion granted to the tribunal offers applicants the opportunity to put their best foot forward.  

Timing

Appeals of Section 501 refusals and cancellations are time sensitive processes, given that the tribunal is required to hand down a decision within 84 days. As such, it is important to be organised, focused, and strategic in where to focus your energy. Do not waste time!

If you do find yourself facing a section 501 refusal or cancellation you need to speak to an experienced immigration lawyer immediately to understand your options. Work Visa Lawyers is happy to discuss your options further, provide an assessment of the strengths and weaknesses of your case, and give you an indication of whether we consider there to be sufficient grounds to lodge an appeal.

Make an appointment now if you need help on a visa refusal/cancellation appeal.

Author:

Lochlan Reef MacNicol, Lawyer & Registered Migration Agent at Work Visa Lawyers

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Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.

Based in Adelaide South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

If you require further information regarding your Australia visa options you can contact us through:

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Disclaimer

This information is correct at the time of publication but is subject to change without notice.  All information provided on this page is provided for purely educational purposes and does not constitute legal advice.  For advice on your situation, please speak with an Immigration Lawyer or a Registered Migration Agent.

On 15 April 2021, the Minister for Immigration gave a directive to expand the definition of “character reasons” as a reason for visa cancellation.  The new rule, Ministerial Direction 90, focuses on family violence and means some Australia visa holders who were previously ok to stay, could have their visas cancelled.

There are several reasons why your Australian visa can be cancelled. 

The following scenarios are common:

• Cancelled due to breaching a visa condition.
• Cancelled on reasonable suspicion that conditions of the visa are being breached.
• Cancelled due to pending criminal charges.
• Cancelled due to providing false and misleading information.
• Cancelled due to failure of the character test.
• Student visa holders not meeting the requirements of their course or not being enrolled full time.

Visitor visa cancellation at the airport

Tourist visa holders are commonly caught by immigration officials for failing to declare their intentions for their visit or for bringing hazardous materials into Australia.

Recently, any visitor visa holder who breaches Australian biosecurity laws will have their visa cancelled and may be detained in immigration detention pending their removal from Australia. The cost of this removal will be met by the non-citizen.

Automatic cancellation of a visa

Your visa will be automatically cancelled if you meet the following criteria:

1. You are not a citizen of Australia; AND

2. you are currently serving a sentence of imprisonment in a custodial institution, on a full time basis for an offence against a law of the Commonwealth, State or Territory; AND

• while you have been in Australia you have been sentenced to a term of imprisonment for 12 months or more.

OR

• you have ever been convicted of a sexual offence against a child.

Cancellation process

An Australian visa can only be cancelled by the Department of Home Affairs or the visa holder writing to the Department to cancel their current visa. Any other third party cannot cancel your current visa.

You may receive a warning letter advising you that your visa may be cancelled. This is known as Notice of Intention to Consider Cancellation. If you receive this notice, you may choose to respond. As this notice is already a warning, it is best you seek legal advice upon first receiving this notice.

If you respond to the Notice and the Department accepts your response, then you will continue to hold a visa. If the Department does not accept your response or you do not respond then a Notice of Cancellation notice will be sent to you either by Post, Email or in Person.

My Visa is cancelled, what are my options?

If the decision is a discretionary visa cancellation

Once a Notice of Cancellation is received by you, it means you no longer hold a valid visa and you are considered unlawful. However you can appeal the decision in the Administrative Appeals Tribunal. During this time, you may be transferred to an immigration detention facility because you do not hold a visa.

If the decision is a mandatory visa cancellation

If your visa is cancelled automatically because of your criminal history then you will have 28 days from the date of the notice to request that the Minister reconsider the cancellation and revoke the decision.

You must make sure that your response reaches the Department in time. You must complete the Request for Revocation of a Mandatory Cancellation Under 501(3A) form within 28 days. Supporting evidence should also be given to support your claims in accordance with Ministerial Direction 79.

What if I have a visa application in processing at the time of my visa cancellation?

Cancellation decisions will, as a consequence, lead to any un-decided visa applications or visas held also being refused or cancelled. Any bridging visa you hold associated with a visa application will also be cancelled.

Visa cancellation trends

Data from the Department of Home Affairs shows that over a 12 month period there were 888 visa canceallations on character grounds alone. New Zealand nationals represented the greatest share of visa cancellations, however they also have the greatest representaion amongst visitor visa holders overall.   

Character cancellations undertaken from 1 January 2018 – 31 December 2018, By top 10 nationalities

Source: Department of Home Affairs

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Partner Visas, Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956 or This email address is being protected from spambots. You need JavaScript enabled to view it.

Key terms: Public Interest Criterion – 4020 – False or misleading information – Bogus documents – Visa cancellation – Visa refusal

UPDATE:

The Legislative Instrument which introduced the change has been disallowed on 5 December 2017. This means that all future applications will be subject to 12 months' of consideration for PIC4020.

Applications which were lodged between 18 November 2017 to 4 December 2017 will be subject to the 10 years' consideration.

Conditions targeting fraudulent or misleading information in visa applications made much tougher – PIC 4020 soon to cover last 10 years

Section 4020 is currently targeting bogus documents or information that is false and misleading provided to the Australian Government in the last 12 months prior to an application.

The changes will extend the time to documents and information provided in the last 10 years.

Here is a description of the changes:

PIC 4020 (1)(b) which relates to bogus documents, has been amended to broaden the powers to refuse a visa on the basis of bogus or fraudulent documents submitted in relation to visa applications:

- In the previous 10 years, rather than the previous 12 months; and

- In relation to previous visa applications, as well as visas previously granted 

Earlier today news broke that former Adelaide gang leader Vince Focarelli has received a Notice of Intention to Consider Cancellation (NOICC) from the Department of Immigration and Border Protection (DIBP). The Minister of Immigration, Peter Dutton has exercised visa cancellation powers granted to him under section 501 of the Migration Act 1958.

Visa Cancellations in Numbers

Since the power to cancel visas was amended in December 2014, there has been a large increase in visa cancellations compared to the previous period. The number of visas cancelled under section 501 of the Migration Act increased from 76 cancellations in 2013-14 to 983 cancellations in 2015-16. The Commonwealth Ombudsman published a report about the Minister’s new cancellation powers and identified various issues which have placed visa holders facing visa cancellation and deportation various hardships and difficulties. The report also provides a few recommendations which demonstrate the need for the cancellations powers to be exercised with consideration.

Further reading: Increase in Australian Visa Cancellations for Character Reasons such as Criminal Convictions

Key terms: Visa cancellation – Migration Act 1958, s501 – Migration Act 1958, s116 – character issues – criminal charges – Commonwealth Ombudsman

The Commonwealth Ombudsman is the organisation responsible for handling complaints about Commonwealth Government departments and agencies. The Department of Immigration and Border Protection (DIBP) is one of the Government departments monitored by the Ombudsman.

In December 2016 the Ombudsman published two reports involving the DIBP, namely:

1. Administration of section 501 (hereafter the “section 501 report”)
2. The administration of people in immigration detention who have had their Bridging visa cancelled due to criminal charges or convictions (hereafter the “bridging visa cancellation report”)

Both reports identified shortcomings and issues with the DIBP process of cancelling long term Australian visas and bridging visas.

The section 501 Report

In the section 501 report it was noted that a similar investigation was carried out in 2006, which was critical of the then Department of Immigration and Multicultural Affairs (DIMA) for not “always provide(sic) the minister with all relevant information, especially mitigating information, about long term Australian residents when considering the cancellation of their visa”.

All you need to know and do when your visa application is refused!

Receiving a refusal notification for your visa application is stressful and places you in a wave of uncertainty. However, quick action is required to resolve your visa status if your visa application was lodged onshore in Australia.

The same can be said if you received a Notice of Intention to Consider Cancellation (NOICC) for your current visa. It is best to quickly address the issues raised in the NOICC, than to challenge the decision to cancel your visa after the decision has been made.

What are the common reasons for a visa application to be refused?

In an earlier blog published in June this year, it was mentioned that the Department of Immigration and Border Protection (DIBP) has been getting tougher in relation to the processing of visa applications and monitoring of granted visas. Six months later the trend seems to be continuing where the DIBP is looking to tighten policies surrounding the Australian visa programme.

Changes to the Occupation Lists – Skilled Occupation List (SOL), Consolidated Skilled Occupation List (CSOL), Regional Sponsored Migration Scheme (RSMS) Occupation List, 457 visa occupation list

There has been recent talk about possible changes to the Skilled Occupation List (SOL) with a suggestion that 52 occupations will be removed. The occupations reportedly under scrutiny include:

• Production Manager (Mining)
• Accountant (General)
• Management Accountant
• Taxation Accountant
• Actuary
• Land Economist
• Valuer
• Ship’s Engineer
• Ship’s Master
• Ship’s Officer
• Surveyor
• Cartographer
• Other Spatial Scientist
• Chemical Engineer
• Civil Engineer
• Geotechnical Engineer
• Quantity Surveyor
• Structural Engineer
• Transport Engineer
• Electronics Engineer
• Industrial Engineer
• Mechanical Engineer
• Production or Plant Engineer
• Aeronautical Engineer
• Agricultural Engineer
• Biomedical Engineer
• Engineering Technologist
• Environmental Engineer
• Naval Architect
• Medical Laboratory Scientist
• Veterinarian
• Medical Diagnostic Radiographer
• Medical Radiation Therapist
• Occupational Therapist
• Podiatrist
• Speech Pathologist
• General Practitioner
• Anaesthetist
• Cardiologist
• Endocrinologist
• Gastroenterologist
• Intensive Care Specialist
• Paediatrician
• Obstetrician and Gynaecologist
• Medical Practitioners (nec)
• Barrister
• Solicitor
• Psychotherapist
• Psychologists (nec)
• Chef
• Boat Builder and Repairer
• Shipwright

Source: SBS

While these occupations are flagged for removal there is no certainty that they will be removed. However with the current trend of tightening the door on migration to Australia, prospective visa applicants are urged to submit an application as soon as possible to avoid any negative impact policy changes.

What does it mean if my occupation is removed from the SOL?

When your occupation is removed from the SOL it means that you will be unable to apply under the Skilled Independent subclass 189 visa or the Skilled Regional Sponsored (Relative) subclass 489 pathways. Instead you will need to apply via the Skilled Nominated subclass 190 or the Skilled Regional Sponsored (State/Territory) subclass 489 visa pathways. This is assuming that your occupation is on the CSOL and relevant Australian state/territory occupation lists.

What about the CSOL and RSMS occupation lists?

DIBP may also make changes to the CSOL and RSMS occupation list. However it may not come as a surprise if changes are made, especially since the DIBP has been adopting a closing-the-door mentality to the migration programme.

Changes to the 457 visa occupation list

The Minister for Immigration Peter Dutton recently spoke to the media and mentioned that the 457 visa occupation list will be “condensed”, signalling a potential shortening of the list and removal of some occupations. Although the occupations to be removed have not been specified, occupations which have been monitored heavily by the DIBP such as Café and Restaurant Manager, Chef, etc. may be likely to be removed from the 457 occupation list. Read our previous blog on the topic here.

Leaked discussion papers indicate a possibility of universal two-stage visas for migrants to Australia

On 30 November 2016 media reported a leaked Cabinet document which discusses the probability of a universal two-stage visa process for all migrants looking to migrate to Australia. This means that all migrants will have to undergo a provisional visa stage before being granted a permanent visa.

While it is stated that the cause for such a change is to ensure migrants are able to assimilate and adapt to the Australian way of life, the Department of Social Services have indicated a fear of creating social divisions between Australians and migrants.

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

There are currently a large number of visas where applicants obtain permanent residency immediately upon visa grant. These visas include the subclass 189 Skilled Independent visa, the subclass 190 Skilled Nominated Visa, the subclass 187 RSMS visa, the subclass 186 Employer Nomination Scheme (ENS) visa, the subclass 143 Contributory Parent visa, the subclass 858 and subclass 124 Distinguished Talent visa and the subclass 132 Business Talent visa. The proposed changes will enforce a provisional visa stage for the visa applicants above. This means a delay in Medicare eligibility, and possibly the need to pay international student fees for school-age children. Essentially the attractiveness of the visas is reduced.

From a migration perspective this means that migrants may be facing checks at three separate stages. Migrants will be assessed at:

• the initial visa application stage
• the provisional visa to permanent visa application stage
• the permanent visa to citizen stage

During the application stages above it provides the DIBP an opportunity to conduct checks on a migrant and their suitability for further stay in Australia. With the increasing emphasis of s501 – Character and PIC 4020 – Bogus and Misleading Information, migrants will need to be very careful to ensure all documents and information submitted to the DIBP are accurate and genuine.

Section 501 of the Migration Act 1958 – Visa cancellation powers

Section 501 part (3A) of the Migration Act allows the Minister of Immigration to cancel provisional and permanent visas when a visa holder fails the “character test”. This would apply to provisional and permanent visa holders who:

• are charged with a sexual offence involving a child;
• have a substantial criminal record, which includes:
  • receiving a death sentence
  • receiving a sentence of life imprisonment
  • sentenced to a term of imprisonment of 12 months or more (can be cumulative)
  • plead of insanity and detainment in a facility or institution
  • not being fit to plead, but found guilty of an offence and detailed in a facility or institution

The application of such powers was evidently demonstrated when convicted bikies and other charged criminal offenders had their visas cancelled and were forced to leave Australia.

It is expected that the DIBP will continue to utilise this cancellation power to remove visa holders who are of negative influence or character. The DIBP will be checking on visa holders at the visa and citizenship application stages, as mentioned in the earlier paragraph.

Sources:

http://www.sbs.com.au/yourlanguage/punjabi/en/article/2016/11/21/52-jobs-may-get-removed-skilled-occupation-list

http://www.smh.com.au/federal-politics/political-news/leaked-cabinet-papers-warn-secret-visa-overhaul-would-create-twotier-society-increase-violent-extremism-20161129-gt0h7s.html

http://www.austlii.edu.au/au/legis/cth/consol_act/ma1958118/s501.html

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

The trend in policy changes from the DIBP is that the doors are closing. There have been knee-jerk reactions to the 457 visa abuse reported earlier in the year and thus the DIBP is taking a tough stance to all visa applications and compliance with visa and sponsorship obligations. In fact Australia was recently mentioned in a travel article to be one of the toughest customs and immigration authorities in the world.

The current DIBP mentality also means that visa applicants and sponsors should not think that they are safe from scrutiny once a visa application is complete. There have been increasing reports of compliance monitoring for sponsored work visas, especially in the hospitality industry. Provisional and permanent visa holders are also subject to monitoring as mentioned in the section 501 write-up above.

These policy discussions and changes indicate a “closing-the-door” trend and are in stark contrast to Canada, a country similar to Australia in terms of geography (large land mass but concentrated population in a few areas) and economy. Just yesterday the Canadian government announced a new Global Skills Strategy programme which will target highly skilled migrants and encourage them to move to Canada. If Australia continues to tighten its migration policies, we will be losing out in terms of attracting skilled and highly qualified professionals from overseas, which will help in boosting the Australian economy, innovation and cushion the effect of our aging population.

This information is accurate on 2 December 2016

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as the Administrative Appeals Tribunal (AAT) Review, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 8351 9956 or +61 8 8351 9956

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

News streams were flooded with the arrest of 3 individuals running a student visa and employment scam in Melbourne, Victoria. The individuals owned and managed a college, St Stephens Institute in Reservoir and an institute, Symbiosis Institute of Technical Education. The individuals worked with unscrupulous migration agents and applied student visas for applicants who paid up to AUD 10,000 for "enrolment" in the college or institute. There were no classes for students to attend but instead the students were arranged to work as posties or delivery personnel. The work was arranged via one of the individual's business which was a labour hire contractor for the Australian Post. The "students" were underpaid and received no benefits whatsoever but continued working as they were promised a work or residence visa at the end of their student visa.

Another institute that has come under scrutiny is TK Melbourne Education and Training College which allegedly has been issuing fake and back-dated certificates to international students. The Australian Skills Quality Authority (ASQA) has issued a “critical non-compliance” label to the institute for failing to meet with national Registered Training Organisation standards. If students used the fake qualifications to enrol in a separate higher learning course, or to apply for a skilled migration visa, the fake qualification may be overturned and the students will then be refused admission or a visa application.

Don’t get caught up in a scam!

While the government bodies involved – Australia Post, Australian Skills Quality Authority (ASQA) and the new Department of Immigration and Border Protection (DIBP) perform the necessary internal review to prevent such cases from repeating, Work Visa Lawyers would like to educate and remind international students, current or prospective to be fully aware of the objective and obligations of the student visa programme in Australia. Students involved in unlawful and unethical arrangements as above suffer financial loss as well as potentially a negative record on their Australia visa history, which may affect future Australia visa applications.

It is important for international students in Australia to check:

• They are enrolled in the correct education course and institute
• The obligations and conditions for the student visa held, such as work restrictions or education provider restrictions (e.g. streamlined education providers)
• Actual study was conducted before the qualification is deemed complete before a certificate is issued

Student visa holders also need to know that there is no guarantee of a visa at the end of the study duration even though they may be promised so. Student visa holders should always check with the DIBP or other Registered Migration Agents if they suspect that something is amiss with their education courses or permitted employment.

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

The DIBP has the power to cancel a visa in a number of scenarios such as the ones listed below:

• if an applicant has provided:
  • “a bogus document or information that is false and misleading in  material particular in relation to:
    1. the application for the visa; or
    2. a visa that the applicant held in the period of 12 months before the application was made”

From Public Interest Criteria 4020

This includes the situation where the applicant did not knowingly provide the false or misleading information with their application.

• if a visa holder violated the visa conditions and obligations (such as working when not allowed to)
• if a visa holder has committed criminal offences that are harmful to the Australian society and its values. The recent focus on cancelling visas of convicted criminals (see our earlier news entry here) is one such example.

Work Visa Lawyers advises all Australian visa holders to:

• Stay away from scams and criminal activities
• Always be aware of your visa conditions and make sure you meet the visa obligations
• Always check with a trusted authority such as the DIBP or Registered Migration Agents in Australia if there is something suspicious in relation to your student or work visa

This information is accurate on 7 August 2015

Source:

1. http://www.smh.com.au/national/australia-post-link-to-visa-crime-racket-claim-20150804-girbiw.html
2. http://www.smh.com.au/national/cash-for-visas-international-colleges-fake-qualifications-in-migration-rackets-20150805-gis11z.html
3. http://www.brisbanetimes.com.au/national/nonsensical-essay-answers-shine-a-light-on-australias-educational-visa-farms-20150805-gis8po.html
4. http://newsroom.border.gov.au/releases/three-charged-and-millions-of-assets-seized-in-joint-agency-investigation

Do you need help with an Australian visa application?

At Work Visa Lawyers we are experienced in assisting applicants in all matters relating to Australian visa applications, including state sponsorship applications. Our areas of expertise include Skilled Migration visas, Business Skills Migration visas, Employer Sponsored Work Visas, Partner and other Family Migration visas as well as Migration Review Tribunal, Judicial Review and Ministerial Intervention.

If you require further information regarding your Australia visa options you can contact us through:

(08) 7225 5091 or +61 8 7225 5091

or   This email address is being protected from spambots. You need JavaScript enabled to view it.

A total of 203 visas have been cancelled by the Minister of Immigration, Peter Dutton in the past 3 months. Previously there were only a total of 372 cancellations over the period between July 2011 and July 2014¹ - a 3-year period!

With an amendment to the Migration Act in December 2014, the Minister now has the power to cancel visas of people who were:

• Involved in a serious crime – drug trafficking, sexual assaults, motorcycle gangs, etc.
• Convicted and imprisoned for 12 months or more
• In Australia on a visa and being convicted of a sexual offence against a child

The power to cancel visas allows the Minister to remove non-citizens who are in Australia and pose a threat to the Australian community. Recent visa cancellations were issued to overseas criminal offenders, biker gang members and associates, drug-related offenders and sex offenders. The Minister has mentioned that "If people have committed crimes against our country then their visas will be cancelled" and that “they should be removed from our shores as quickly as possible" in a statement to ABC News¹.

Why has there been an increase in visa cancellations?

The increase in visa cancellation numbers is a government response to national security concerns especially in the areas of organised crime and counter-terrorism. The government aims to target “organisations and individuals blatantly spreading discord and division” and “include stronger prohibitions on vilifying, intimidating or inciting hatred”².

The change in the name of the Department is also an indication of policy change. The name has changed from the Department of Immigration and Citizenship (DIAC) previously to the current Department of Immigration and Border Protection (DIBP). From 1 July 2015, DIBP and the Australian Customs and Border Protection Service will merge to form the Australian Border Force, signifying a stronger and tougher approach towards border protection³.

Comments by Chris Johnston – Principal Lawyer and Registered Migration Agent at Work Visa Lawyers

Character issues can be identified by DIBP in the following situations:

• When you apply for a visa (including renewal of your Resident Return Visa – RRV)
• When you arrive at an Australian port of entry and complete a declaration card
• When you apply for citizenship
• When you sponsor somebody for a visa (partner, family member)
• If DIBP contacts you directly about your situation
• If your legal matter goes to court and DIBP takes note of your case
• If DIBP cross checks with local police and overseas law enforcement agencies databases and identifies visa holders with criminal offences

Even though recent cancellations are focused on organised crime, sex crimes and terrorism, it is possible that any person with criminal convictions outside of these offences can have their Australian visas revoked.

With recent security concerns heightening the level of border protection, expect more cancellations to happen. It is a good idea for all visa holders and applicants to stay out of trouble with the law in order to preserve your life and residence in Australia.

Source:

1. Hundreds of convicted criminals have visas revoked under Migration Act amendment

http://www.abc.net.au/news/2015-02-24/convicted-criminals-have-visas-cancelled/6254120

2. Prime Minister Tony Abbott outlines moves to revoke foreign fighters' citizenship, crack down on 'hate preachers'

http://www.abc.net.au/news/2015-02-23/abbott-announces-anti-terror-measures/6217608

3. Department of Immigration and Border Protection

http://www.immi.gov.au/News/Pages/new-australian-border-force.aspx

4. Minister for Immigration Media Releases

http://www.minister.immi.gov.au/peterdutton/2015/Pages/Two-criminals-removed-from-Queensland.aspx

http://www.minister.immi.gov.au/peterdutton/2015/Pages/irish-criminal-removed-from-australia.aspx

http://www.minister.immi.gov.au/peterdutton/2015/Pages/crackdown-foreign-criminals-bikies.aspx

This information is accurate on the 3 March 2015

Have You Been Asked to Respond to “Character” Concerns by DIBP? Do You Need Help in Relation to Your Current Australian Visa, Applying for an Australian Visa or Citizenship?

At Work Visa Lawyers we are experienced in assisting applicants with visa applications for Skilled Migration including Independent and State Sponsored visas, state sponsorship applications, Family Migration visas as well as employer-sponsored visas. We also assist applicants who have health or character concerns in a visa or citizenship application.

If you require further information regarding your Australia visa options you can contact us through:

(08) 7225 5091 or +61 8 7225 5091

or   This email address is being protected from spambots. You need JavaScript enabled to view it.