Australia is known for its strict immigration policies, particularly when it comes to character requirements for permanent residency (PR). The Department of Home Affairs (formerly DIBP – Department of Immigration and Border Protection) enforces these requirements to ensure that applicants meet the necessary standards for entering and staying in Australia.
Character assessments are essential to maintaining Australia’s safety, security, and public interest. Failing to meet these requirements can result in visa refusal or cancellation.
This guide provides a comprehensive overview of:
✔ What the character test is
✔ Key reasons for failing the test
✔ How to meet the character requirements
✔ The assessment process and appeal options
✔ How to respond if you receive a Notice of Intention to Consider Cancellation (NOICC)
By the end of this guide, you’ll have a detailed understanding of Australia’s character requirements and how to navigate the process effectively.
What Are the Character Requirements for Australian PR?
The character requirements for Australian permanent residency are outlined in Section 501 of the Migration Act 1958. According to this law, all visa applicants must be assessed to determine whether they are of good character and do not pose a risk to the Australian community.
Who Must Meet Character Requirements?
The character test applies to:
✔ All permanent visa applicants
✔ Many temporary visa applicants
✔ Individuals already in Australia on a visa, including PR holders
Failing the character test can result in visa refusal, cancellation, or deportation.
What Is the Character Test?
The character test determines whether a visa applicant has a criminal record, history of misconduct, or other serious issues that may pose a risk to Australia.
1. Grounds for Failing the Character Test
You may fail the character test if:
✔ You have a substantial criminal record
✔ You have been involved in criminal activities, even without conviction
✔ You have been convicted of sexual offenses against children
✔ You have been a member of a criminal organization
✔ Your conduct is considered a risk to Australian society
2. What Constitutes a “Substantial Criminal Record”?
A person is considered to have a substantial criminal record if they have been:
🔹 Sentenced to 12 months or more in prison (including suspended sentences)
🔹 Sentenced to multiple terms of imprisonment that add up to two years or more
🔹 Convicted of an escape attempt from immigration detention
🔹 Acquitted of a crime due to mental illness but still detained in a facility
Even if the crime was committed outside Australia, it could still result in visa refusal.
3. Association With Criminal Organizations
If you are associated with:
✔ A gang or criminal syndicate
✔ A terrorist organization
✔ A group known for human trafficking, drug trafficking, or organized crime
Your visa may be denied even if you have no personal criminal record.
4. Risk to the Australian Community
The government may refuse a visa if the applicant is considered a risk to public safety due to:
✔ Past violent behavior
✔ Involvement in war crimes or human rights violations
✔ Risk of engaging in activities that could disrupt public order
These factors are subjective, and the Minister for Home Affairs has the discretion to determine whether an applicant meets the character requirements.
How to Meet Australia’s Character Requirements
To successfully pass the character test and obtain permanent residency, you must provide evidence of good character.
1. Submit Police Clearance Certificates (PCCs)
Most applicants must provide police clearance certificates from:
✔ Every country where they have lived for 12 months or more in the last 10 years
✔ Their home country
The certificate must be official, up to date, and translated into English (if in another language).
2. Provide Additional Character References
In some cases, you may need to submit:
✔ Personal references from employers, community leaders, or legal professionals
✔ Evidence of rehabilitation programs or good behavior
This is particularly important if you have any past criminal record.
3. Be Honest About Your History
The Australian government has strict rules about providing false or misleading information. If you fail to disclose a criminal record, your visa may be refused or canceled later.
4. Show Evidence of Rehabilitation
If you have a criminal past, you can strengthen your application by:
✔ Demonstrating good behavior for an extended period
✔ Providing proof of rehabilitation programs completed
✔ Submitting statements from parole officers, community leaders, or legal professionals
This can help offset previous offenses and increase your chances of passing the character test.
The Character Assessment Process
Step 1: Submission of Character Documents
During the PR application process, you must submit:
✔ Police clearance certificates
✔ Any additional requested documents
If further review is needed, immigration officers may conduct background checks or request additional information.
Step 2: Character Test Assessment
Immigration officials will assess your history based on:
✔ Criminal records
✔ Character references
✔ Any previous visa refusals or deportations
If you pass the character test, your visa application proceeds as usual.
Step 3: Notice of Intention to Consider Refusal (If Applicable)
If officials have concerns, you may receive a Notice of Intention to Consider Refusal (NOICR). This allows you to:
✔ Respond with supporting evidence
✔ Provide statements or documents to prove your good character
If your response is convincing, the visa application may still be approved.
What Happens If You Fail the Character Test?
If the Department of Home Affairs decides you fail the character test, you may receive:
✔ A visa refusal (if you are applying from outside Australia)
✔ A visa cancellation (if you are already in Australia)
1. Notice of Intention to Consider Cancellation (NOICC)
If your visa is being canceled, you will receive a NOICC, which allows you to respond before a final decision is made.
2. Appeal Options
If your visa is refused or canceled, you can:
✔ Appeal to the Administrative Appeals Tribunal (AAT)
✔ Apply for ministerial intervention
✔ Challenge the decision in Federal Court (if there was a legal error)
Appeals must be submitted within strict deadlines, usually within 21-28 days.
3. Consequences of a Visa Cancellation
If your visa is canceled:
✔ You may lose your right to stay in Australia
✔ You could be deported and banned from reapplying for a certain period
✔ You may lose work rights and social benefits
This makes it critical to address any character concerns before applying for PR.
Conclusion
Meeting the DHA character requirements is a crucial step in obtaining permanent residency in Australia. The character test ensures that only individuals who meet Australia’s high ethical and legal standards are granted residency.
To avoid visa refusal or cancellation, applicants should:
✔ Obtain police clearance certificates
✔ Be honest about their background
✔ Provide evidence of rehabilitation if needed
✔ Respond promptly to any NOICC or refusal notices
By understanding the character test, assessment process, and appeal options, you can increase your chances of passing and securing your permanent residency in Australia.
