January 15th, 2024 at 02:22 am
Australian Visa Cancellation on Character Grounds: All You Need to Know
Are you worried about Australian visa cancellation or rejection? Thinking about the reasons for Visa Cancellation on Character Grounds reasons? How to avoid Australian visa cancellations based on character? Hold on. If you want your visa application to go smoothly, read this blog post.
Australia is a great place to live, study, or work due to its clean environment, excellent education system, high-paying jobs, and high-quality lifestyle. Australia gets many visa applications and welcomes many students and workers each year. Visa denials and cancellations are high because the Department of Home Affairs has implemented strict measures to improve immigration.
Under Section 501 of the Migration Act 1958, a non-citizen visa application may be denied or terminated if they fail the Minister for Immigration and Citizenship’s “character test.” To avoid visa denial, you must know about character-based visa cancellation. Let’s define the Migration Act 1958 before discussing it.
The Migration Act 1958
The Migration Act 1958 is crucial to Australian immigration and visa laws. This Act allows people to enter and stay in Australia. It specifies visa category requirements, stay period, and visa revocation or denial. The Migration Act authorizes the Department of Home Affairs and Minister for Home Affairs to address immigration matters. This measure led to the government rejecting 1152 applications from various countries. Rejected visa applications by country are listed here.
Let’s look at visa cancellation statistics after Section 501 and the main causes of visa refusal.
Visa Cancellation Statistics on Character Grounds
The Australian government enacted a mandatory cancellation rule on December 11, 2014, to fix its immigration system. Since then, the Department has canceled 1,215 visa applications under Migration Act Section 501 until March 2016.
As of April 11, 2016, 865 imprisoned people have pending Section 501 cancellation assessments; Section 501 (3A) may require cancellation. The 1,152 compulsory visa cancellations included 880 revocation requests, and roughly 220 appeals have been resolved. Because they applied after the deadline, 34 were “Withdrawn” or “Invalid”.
Let’s examine the 2018–19 and 2022–23 visa cancellation data on character grounds.
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Reasons for Australian visa cancellation?
The Department of Home Affairs will usually notify you of their intention to cancel your visa if you are in Australia or have immigration clearance. You can convince the government not to terminate your visa. Visa cancellations may occur for the following reasons:
1. Paying for Sponsorship
The Australian Government may cancel your visa if you sponsor it. In the following cases, cancellation is considered:
- Your desire to talk.
- Participation in or the start of sponsorship payments.
- If threats or exploitation force your payments, the government may not be able to revoke your visa. If yes, give the department all the facts.
Important: You can appeal your visa cancellation. You must show proof of your deep Australian connections and community activity.
2. Changing the Course
If you finish your course and stop studying, the Australian government will cancel your visa. If you complete your student visa course, you have three months to leave Australia or reapply. The Department will revoke your visa if
- You complete the course on your student visa and don’t leave Australia or reapply within three months.
- There is no leaving Australia or getting a new visa within 28 days of finishing the course.
- You are taking many courses on one visa, finishing one early, and having a two-month break between courses.
3. Imported Offensive Items
Bring improper objects and materials without permission, and the Minister might revoke your temporary visa. These items address sexual offenses, drug misuse, criminal behavior, brutality, violence, and disgusting situations that would offend a responsible adult. Thus, bringing these products will result in an Australian visa rejection.
4. Character Requirement Failure
A person fails the character test if they meet any of the requirements in subsection 501, according to the Migration Act. Character-based visa cancellation falls into four categories:
- A lengthy criminal record.
- Criminal convictions regarding immigration detention.
- Certain future activities are dangerous.
- Past, current, or potential criminal connections.
Direction No. 55 clarifies these reasons’ interpretation and applicability. Discuss these categories in detail;
1. What is a substantial criminal history?
“Do you know the most common reason for visa cancellation in Australia is a significant criminal history?”
A person who has a “substantial criminal record,” as defined in paragraph 501(7), cannot pass the character test. For the character test, a “substantial criminal record” is: One who has been
- Death penalty or life in jail
- Twelve-month jail sentence.
- Found not guilty owing to mental disease or insanity.
- Imprisoned for two years or more.
A person with a “substantial criminal record” will fail the character test even with compensation. However, Section 501 allows the decision-maker to consider mitigating factors in the second stage.
2. Conviction for immigration detention offense
Subsection 501 (6) indicates that if a person commits a crime in immigration detention, the ability to reject or revoke their visa begins, even if the violation is not serious enough to warrant a 12-month jail term. Even if the offense is less serious, a person may fail the character test due to the circumstances.
3. Connection to criminal suspects
A person cannot pass the character test if he “has or has had an association with someone else, or with a group or organization, whom the Minister reasonably suspects has been or is involved in criminal conduct,” per subsection 501(6). Determining an “association” for the character test goal requires considering additional elements like the relationship’s type and duration.
4. Dangerous future behavior
If allowed entrance or continuing presence in Australia, the person may commit crimes;
- Sexually harass, intimidate, or stalk someone in Australia.
- Attack some Australians.
- Divide the population.
- Threaten the people by committing violent activities or other acts that could harm the community.
5. Child sexual offences
A person fails the character test if an Australian or foreign court finds evidence supporting a charge against them for one or more child-related sexual offenses, even if they were acquitted.
Visa Rejection or Cancellation: What to Do?
You may be able to appeal a visa cancellation by the government. No appeals are allowed if the minister personally made the decision. The autonomous Administrative Appeals Tribunal (AAT) reviews departmental decisions, including visa rejections. Stiff appeal periods.
The notification letter from the Department specifies the written application deadline. Thus, you must apply before the deadline. If you think visa cancellation was illegal, you can request judicial review. An impartial lawyer or a qualified migration service can help with your immigration status.
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