The Character Test is a mandatory part of almost all Australian visa applications and is designed to protect the Australian community from applicants who pose a risk. Success requires full disclosure of past convictions, accurate submission of police certificates, and careful handling of minor or spent offences. Applicants with a substantial criminal record, typically imprisonment of 12 months or more – face automatic test failure and serious consequences. Under Australian immigration law, visas can be refused or cancelled on character grounds, which may affect both new applicants and existing visa holders, including permanent residents. With detailed submissions, mitigating evidence, and professional guidance, applicants can maximise their chances of passing the test and securing their visa.
For anyone applying for an Australian visa, the Character Test is one of the most critical assessments that the Department of Home Affairs (DHA) applies, as enforced by the Australian government. It evaluates whether applicants are of good character and pose any risk to Australia, assessing the applicant's character for all Australian visas, including permanent visas, and encompassing past criminal conduct, associations with criminal groups, and other personal history. Failing the Character Test can lead to visa refusal, cancellation, or future bars on entry. If an applicant fails the character test, both visa applicants and visa holders, including permanent residents, may face visa cancellation or restrictions on character grounds. The test is a key requirement for all Australian visas.
This guide explains how to navigate the Character Test successfully, including when police certificates are required, how to disclose past issues, addressing minor offences, understanding the substantial criminal record threshold, and practical tips for preparing submissions.
Understanding the Australian Visa Character Test
The Character Test under the Migration Act 1958 is intended to ensure that non-citizens will not threaten the safety or welfare of the Australian community. The DHA considers multiple factors, including: character assessment, which includes reviewing whether the applicant has been involved in criminal conduct or poses a risk as a non citizen.
- Criminal convictions: This includes all offences, whether minor, spent, or serious. Even relatively old convictions must be declared if they are relevant.
- Association with criminal organisations: Involvement with gangs or organised criminal activity is taken seriously, and being involved in criminal conduct, such as participation in gangs, is a key factor.
- Past conduct: Behaviour that suggests potential risk to the community, even if it did not result in a conviction, can be considered.
Almost all visa applicants are subject to the Character Test, including temporary, permanent, and partner visa categories. Understanding the scope of the test is essential, as non-compliance can have long-term consequences. Providing character references can help support a positive character assessment.
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When is a Police Certificate Required?
A police or penal certificate provides official confirmation of a person’s criminal history and is a key component of the Character Test. Police certificates are among the relevant documents required for assessment. Applicants must generally provide certificates from every country where they have spent 12 months or more in total over the last 10 years, since turning 16.
Key points include:
- Certificates must be current and valid at the time of lodgement.
- Missing certificates can delay processing or trigger further investigation.
- Certificates help demonstrate that the applicant is honest and transparent, which strengthens their case under the Character Test. Providing documentary evidence supporting your application, such as police certificates and other relevant documents, further strengthens your case.
Disclosure is Key: Don’t Hide Past Issues
Full disclosure is crucial. Applicants are legally required to provide accurate information under Public Interest Criterion (PIC) 4020. Failure to disclose:
- Minor or spent convictions;
- Past criminal convictions, including any criminal offence or non violent offence; or
- Alleged criminal associations
can all be considered providing false or misleading information, which can lead to refusal and long-term bans on reapplying.
Even minor offences must be declared. While it may feel counterintuitive to highlight past issues, transparency demonstrates credibility and honesty, which the DHA evaluates as part of overall good character.
Preparing Submissions for Minor Offences
Minor or spent offences do not automatically lead to failure, but careful preparation is essential. However, more serious offences, such as a sexual offence, a sexual offence involving a child, or involvement in human trafficking, may result in automatic failure or additional legal consequences. Submissions should:
- Provide context: Explain the circumstances of the offence, mitigating factors, and any misunderstanding.
- Include evidence of rehabilitation: Certificates of completion of rehabilitation programs, counselling, or community service.
- Demonstrate good conduct: Employment history, volunteering, family responsibilities, and stable residence.
- Highlight community ties: Positive contributions to the community or professional achievements since the offence.
A well-prepared submission allows the DHA to view the applicant’s overall character holistically, rather than focusing solely on isolated past incidents.
Understanding the ‘Substantial Criminal Record’ Threshold
A substantial criminal record triggers automatic failure of the Character Test and requires serious attention. This generally refers to:
- Any sentence of 12 months imprisonment or more, including combined or cumulative sentences.
- Life imprisonment or indefinite detention.
Consequences of failing the Character Test due to a substantial criminal record include:
- Visa refusal for applicants applying offshore or onshore.
- Mandatory visa cancellation if already in Australia. A visa may also be cancelled if the applicant is serving a sentence in a custodial institution, and a cancellation notice will be issued by the Department of Home Affairs.
- Possible long-term bans on reapplying or seeking other visas.
Visa holders whose visas are cancelled may be placed in immigration detention if they are found to pose a significant risk or unacceptable risk to the Australian community.
Applicants near this threshold should seek legal or migration advice immediately to understand potential avenues for discretionary relief or submissions that may mitigate risks.
If a visa is cancelled, affected individuals may seek judicial review of the decision if they believe a legal error has occurred.
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Other Considerations for Passing the Character Test
- Associations: Be prepared to disclose associations with criminal groups or persons involved in serious offences, as these can impact how your character is assessed in relation to the safety and interests of Australian society.
- Previous visa issues: Past visa cancellations, refusals, or compliance issues with Australian authorities may influence assessment, especially when considered under relevant Ministerial Direction guidelines.
- Health and professional conduct: While not always determinative, maintaining stable employment and good standing in professional or community roles strengthens submissions and demonstrates positive contributions to Australian society.
Ministerial Direction No. 79 outlines primary considerations for decision-makers, including the best interests of minor children and the impact of visa decisions on Australian society.
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Our professional migration agents provide essential support to applicants navigating the Character Test including;
- Reviewing criminal history documents and ensuring accuracy.
- Advising on disclosure requirements to comply with PIC 4020.
- Preparing comprehensive character submissions, including mitigating circumstances, evidence of rehabilitation, and good conduct.
- Assisting in gathering police certificates and other documentation to meet DHA requirements.
- Managing the visa application process to avoid delays, errors, or inadvertent breaches of character requirements.
Early advice ensures submissions are persuasive, complete, and timely, reducing the risk of refusal or long-term barriers to migration. Some applicants may require legal advice from professionals experienced in immigration law and legal practice to navigate appeals or complex character issues.
Frequently Asked Questions (FAQ)
1. What is the Character Test for an Australian visa?
The Character Test assesses whether a visa applicant is of good character and poses no risk to the Australian community.
2. When do I need a police certificate?
You must provide certificates from any country where you have spent 12 months or more over the past 10 years, since turning 16.
3. Do I have to declare spent or minor convictions?
Yes. All convictions must be disclosed to comply with PIC 4020 and avoid refusal for misleading information.
4. What is considered a substantial criminal record?
A sentence of imprisonment of 12 months or more (including combined sentences) triggers automatic Character Test failure.
5. How can migration agents help with the Character Test?
They can review criminal history, advise on disclosure obligations, prepare detailed submissions, and guide applicants through the visa application process to improve chances of success.
6. What happens if I fail the Character Test?
A failed test can lead to visa refusal, mandatory cancellation, or long-term bans. In some cases, discretionary powers or Ministerial intervention may provide limited relief.
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