SECTION 501 MIGRATION ACT | immigration lawyers in melbourne

You will not pass the character test if you:

1. have a “substantial criminal record” (see below for definition); or

2. have an association with an individual, group or organisation which is suspected of being involved in criminal conduct; or

3. are not of good character having regard to your past and present criminal or general conduct; or

4. are at significant risk of engaging in future, unacceptable conduct.

What is a substantial criminal record?

A person will have a substantial criminal record if they have been:

• Sentenced to a period of imprisonment of 12 months or more;

• Sentenced to a number of shorter periods of imprisonment (at the same time or at different times) that add up to 2 years or more; or

• Found not guilty due to mental illness and detained.

If you have a substantial criminal record you fail the character test and DIBP may cancel your visa.

When calculating a “period of imprisonment”, DHA will include parole periods, suspended sentences, time spent in periodic detention, or time spent in drug rehabilitation or mental health facilities if they were ordered as a sentence by a court. Sentences received for juvenile offences can also be included.

What happens if my visa is cancelled?

• If your visa is cancelled you cannot remain in Australia unless you get another type of visa.

• You cannot apply for any other visa except a protection (refugee) visa or a bridging visa.

• Once you have finished your prison sentence, you will be removed from Australia and returned to the country of which you are a citizen. Most of the time this is the place you were born.

• After you have been removed from Australia you will never be able to return.