The Australian visa character test

What is a substantial criminal record?

Sentenced to death, life imprisonment, or 12 months or more of imprisonment. Multiple sentences are added together even if served concurrently, so two concurrent six-month terms total 12 months. It also covers acquittal on grounds of insanity or being found unfit to plead followed by detention in an institution.

Other grounds for failing (as listed)

• Association with a group involved in criminal conduct
• Serious international crimes
• Risk of criminal conduct, harassment, intimidation or stalking in Australia
• A sexual offence involving a child
• Danger to a group in the community
• Being found not of good character
• Being identified as a risk by bodies such as ASIO or Interpol
• Offences while in immigration detention

What happens if I fail?

The visa can be refused or cancelled. Cancellation is mandatory in some cases, such as serving a full-time prison sentence in Australia for specific offences. A decision-maker can also act if they reasonably suspect you will fail.

What else is weighed?

Past and present conduct as a whole, likelihood of reoffending, aggravating and mitigating factors, effect on family or business in Australia and ties to Australia. A substantial record makes refusal highly likely.

What documents are used?

See police certificates and Form 80.