When people think about applying for an Australian visa, they usually focus on eligibility, documents, and timelines, however one of the most important factors to be aware of is the character test, as this will form the foundation for whether your visa application will be rejected or not.
The character test is a mandatory assessment that all non-citizens must pass to be granted an Australian visa or to retain one they already hold. Governed primarily by Section 501 of the Migration Act 1958, this test applies to all visa applicants, including non-migrating family members and sponsors. Whilst all visa applicants must pass the test before a visa is granted, current visa holders, including permanent residents and Special Category Visa holders, can have their visas cancelled at any time if they fail to meet the requirements due to new circumstances.
The Character Test Criteria
To pass the character test, an individual must demonstrate they are of “good character,” which refers to their enduring moral qualities and likelihood to uphold Australian laws. A person may fail the test based on several grounds:
- Substantial Criminal Record: This is defined by the sentence imposed rather than the time actually served. It includes being sentenced to death, life imprisonment, a single term of 12 months or more, or multiple terms totalling 12 months or more.
- Association: Having an association with a person or group reasonably suspected of being involved in criminal conduct.
- Serious Crimes: Suspected involvement in people trafficking, war crimes, crimes against humanity, slavery, or torture.
- Child Sex Offences: Any conviction or proven charge for a sexually based crime involving a child.
- Security Risks: Being the subject of an adverse security assessment by ASIO or an Interpol notice indicating a risk to the Australian community.
- Hatred and Extremism: Following legislative changes in early 2026, the test now includes involvement in terrorist organisations, hate crimes, or the public dissemination of racial hatred.
Application and Disclosure Requirements
Applicants have a legal obligation to declare all prior criminal conduct, including charges awaiting legal action, spent convictions, and findings of guilt without conviction. The Department of Home Affairs conducts rigorous checks through the National Police Checking Service (NPCS) and may request specific documentation, such as:
- Police Certificates
- Military Certificates
- Character Statements and Forms
Visa Refusal and Mandatory Cancellation
If an individual fails the character test, the Minister or their delegate may refuse or cancel their visa. By law, cancellation is mandatory if a person is currently serving a full-time custodial sentence for a crime resulting in a sentence of 12 months or more, or for sexual offences involving children.
In cases where cancellation is not mandatory, officials use Ministerial Direction 110 to balance various considerations, including:
- The protection and expectations of the Australian community.
- The best interests of any minor children in Australia.
- The strength and duration of the individual’s ties to Australia.
- Australia’s international legal responsibilities.
Consequences and Appeals
A visa cancellation on character grounds often results in immigration detention and removal from Australia. Such individuals are typically permanently prohibited from re-entering Australia or being granted another visa, with some limited exceptions.
Rights of appeal include:
- Revocation: For mandatory cancellations, individuals have a period of time to request a revocation.
- Tribunal Review: Most decisions made by delegates can be reviewed by the Administrative Review Tribunal (ART) within a specific time period as well.
- Judicial Review: If a legal error is suspected, the decision may be challenged in the Australian court system.
- Limitations: There is no right to appeal if the Minister makes the decision personally, or if the cancellation involves specific child sex offences or active custodial sentences.
Please get in touch with the Warlows Legal team with any queries. With a recent expansion into immigration law, we specialise across a broad range of issues within this area. Our team of highly qualified immigration experts is here to help you.
Visit here for more information:
Department of Home Affairs: Character Requirements for Visas
Department of Home Affairs: Character Requirements for Australian Citizenship
