All visa applicants must pass the character test under section 501 of the Migration Act 1958.
Have you been told your character is an issue?
If the Department has raised character concerns with you, by letter or during an interview, they are considering whether to refuse or cancel your visa on character grounds. This is serious. The stakes can include visa refusal, visa cancellation, detention and removal from Australia.
If you have received a notice about character, call us on 0425 825 500. Do not respond without professional help. The response you give can determine whether you stay in Australia or are removed.
When character issues arise
You will fail the character test if you have a "substantial criminal record," defined as a sentence of 12 months or more (regardless of whether served in prison). Even without a substantial criminal record, the Department can refuse on character grounds under discretionary provisions.
How character waivers work
The Minister or delegate weighs factors from Direction 99: protection of the Australian community, best interests of any children in Australia, strength of your ties to Australia, impact on family members, and community expectations.
How Robbie Toor (MARN 1170356) helps
Robbie prepares detailed submissions addressing each factor in the ministerial direction, gathers supporting evidence (character references, rehabilitation evidence, family impact statements) and responds to notices from the Department. Character cases are among the most complex in migration law.