Character Requirements for Australian Visa

Australian Police Clearance for a Visa

Why are character checks required to enter/stay in Australia?

People who want to either migrate to Australia or stay temporarily on working and tourist visas, must not be of character concern. Section 501 of the Migration Act 1958 includes a character test to ensure that visa applicants, people seeking to migrate to Australia and visa holders are of acceptable character.

The test puts the onus on visa applicants, and visa holders already in Australia, to prove that they are of good character. The provision also contains discretionary powers to either refuse or cancel visas when issues of character arise.

Some examples of when a person will fail the character test include:

• when the person has a substantial criminal record,
  • • sentenced to a term of imprisonment for 12 months or more, or
    • sentenced to either death or life imprisonment, or
    • sentenced to two or more terms of imprisonment (whether on one or more occasions), where the total of those terms is two years or more, or
    • acquitted of an offence on the grounds of either unsoundness of mind or insanity and, as a result, the person has been detained in a facility or institution;
• when the person either has, or has had, an association with an individual, group or organisation suspected of having been, or being, involved in criminal conduct,
• when there is a significant risk that the person will engage in criminal conduct in Australia, harass, molest, intimidate or stalk another person in Australia, vilify a segment of the Australian community, or incite discord in the Australian community or in a segment of that community,
• when, having regard to the person’s past and present criminal conduct, the person is found not to be of good character, and
• when having regard to the person’s past and present general conduct, the person is found to be not of good character.

A person whose visa is cancelled on the grounds of either a substantial criminal record, or past and present criminal conduct, is permanently excluded from Australia.

How do I have character checks done?

In order for the Australian government to determine whether you are of good character, you may be asked to provide penal clearance certificates for each country you have resided in for 12 months or more over the last 10 years. In some instances, you may also be asked to obtain penal clearance certificates for periods beyond the 10 years or for countries where you have spent less than 12 months when the case warrants it.

What do I do if I have criminal convictions?

Declare all convictions on the application form. Failure to declare information may result in the cancellation of your visa. Visa cancellation can mean detention and removal from Australia. A person, whose visa is cancelled on the grounds of either a substantial criminal record, or past and present criminal conduct, is permanently excluded from Australia.

I have criminal convictions but these no longer show on the official record because of spent convictions legislation – should I declare them?

Declare all convictions on the application form. Failure to declare information may result in the cancellation of your visa. Visa cancellation can mean detention and removal from Australia. A person whose visa is cancelled on the grounds of either a substantial criminal record, or past and present criminal conduct, is permanently excluded from Australia.

Applicants who have had a finding of guilt at some time in the past are to provide the following information with their application.

Failure to provide all of the requested information may result in significant delays in the processing of the application. In accordance with the Crimes Act 1914 (Cth), if you have been pardoned or sentenced to imprisonment for less than 30 months and you have not re-offended within 10 years (five years for juveniles), then the conviction is spent and although the offence would possibly not be taken into account (unless the offence was of such nature as to be regarded as serious) you MUST disclose that offence on your applications forms.

Provide the following details with your application if you have any conviction recorded against you:

1. Details of the finding of guilt including: Penalty imposed, if any
2. Copies of any receipts in relation to fines or other similar matters
3. Copy of judgement, if any
4. Letter from your lawyer / legal representative providing full details of the offence and penalties imposed
5. Any other information which may assist DoHA in consideration of your application