When you apply for an Australian Visa, you must prove that you are of good character. In simple terms, this means you have no substantial or serious criminal record. Check out our video on this issue or read on below.
Most importantly, people with substantial criminal record. This applies to anyone who has ever been convicted to a term of imprisonment of 12 months or more. It doesn’t matter if the sentence was suspended. It doesn’t matter that the visa applicant hasn’t actually spent a single day in jail. If the sentence was for at least 12 months imprisonment, that amounts to substantial criminal record.
In addition, the Migration legislation specifically refers to some crimes that are so serious that the applicant will not pass the character test. For example:
When Immigration (or on appeal the Administrative Appeals Tribunal) looks at an applicant’s criminal history, these are some of the considerations they take into account:
In addition to the seriousness of the criminal offending, Immigration will take into account other factors as well, namely the interests of the Australian community. For example, they will look at what is in the best interests of minor children in Australia affected by the decision.
In many instances, it is possible to provide evidence to the Government which proves that you do not pose any risk to the community, and it is appropriate to grant a visa. Every case is different, but if you contact us, we’ll listen to your story and will tell you if we can get evidence to support your position.