Everyone who wants to enter or stay in Australia must satisfy the character requirement as set out in Section 501 of the Migration Act 1958 (the Act). This includes all non-citizens, sponsors of visa applicants and non-migrating family members seeking to enter or stay in Australia.
Entering or remaining in Australia is a privilege, and it is expected that non-citizens are, and have been, law-abiding. Visa holders must also continue to satisfy the character requirement.
The Department of Immigration & Border Protection (DIBP) and the Minister for DIBP have the power to refuse or cancel a visa on the basis that a person does not pass the character test. In some cases, even if visa holder does not pass the character test, the DIBP or the Minister can exercise discretion not to cancel the visa. Decisions to cancel or refuse visas on the basis of the character test are made after full consideration of all the circumstances of a case.
If you are currently serving a full-time custodial sentence and have ever been sentenced to 12 months or more imprisonment, regardless of time actually served, or have been convicted of, had a charge proven for or have been found guilty of a sexually based crime involving a child, your visa must be cancelled. DIBP will provide you with 28 days to request revocation of this decision if your visa is cancelled in these circumstances.
In considering requests for revocation of a mandatory cancellation decision, the DIBP considers all circumstances of your case.
You will require a detailed submission and representation. This is a complex area and we strongly recommend that you seek our professional services to assist you.
Please contact us or book a consultation with us. Please do not hesitate to call us at +61 469 408 569 to discuss your path towards a bright future!
Please contact us to help you secure this visa or book a consultation with us. Call us at +61 469 408 569 to discuss your path towards a bright future!