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Character Checks
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Character
Checks_
- 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 the country I lived in is not listed on
Form 47P?
Please contact your nearest office of the Department
or Australian diplomatic office overseas for advice.
- What
do I do when it is impossible or impractical to obtain
a penal clearance certificate from the agency listed
on the form?
Please contact your nearest office of the Department
or Australian diplomatic office overseas for advice.
- 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.
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