Character Related Visa Cancellations
Failing the character test is one of the most serious immigration issues in Australia. If your visa is at risk because of your past or current conduct, you need immediate, expert legal help.
How You Might Fail the Character Test
Under Section 501 of the Migration Act, the Minister has the power to cancel or refuse your visa if they believe you aren't of good character. This decision is based on your criminal record and your general conduct.
Criminal Record
Having a 'substantial criminal record' (usually meaning a prison sentence of 12 months or more) is a primary reason for failing.
Group Association
If you are linked to or suspected of being involved with criminal groups, gangs, or organizations that break the law.
Past Conduct
The government looks at your overall behavior in the past and present, both in Australia and other countries.
Serious Offences
Convictions for child related offences, human trafficking, or war crimes will lead to an immediate character test failure.
Mandatory Cancellation
In some cases, the government must cancel your visa immediately. This happens if you are in prison and have been sentenced to 12 months or more, or if you have been convicted of certain serious offences.
Did you know?
If your visa is cancelled under mandatory provisions, you won't get a warning. You will find out through a letter telling you it has *already* been cancelled.
Facing a Character Issue? We Can Help.
Respond to NOICCs
We help you prepare a detailed legal response to explain why your visa should not be cancelled.
Revocation Requests
If your visa was already cancelled, we can fight to have that decision overturned (revoked).
ART Appeals
We represent you in the Administrative Review Tribunal to challenge unfair character decisions.
Common Questions About Character
Your future in Australia is too important to leave to chance.
Character matters are time sensitive and legally complex. Contact Kris Ahn Lawyers today for a confidential consultation.