Australia Lists 8 Reasons Foreigners May Have Their Visas Denied or Cancelled

Australia Lists 8 Reasons Foreigners May Have Their Visas Denied or Cancelled

  • Australia's government published the full character requirements that all visa applicants and holders must satisfy to enter or remain in the country
  • The requirements are rooted in section 501(6) of the Migration Act 1958, with officers guided by Ministerial Direction No. 110 when assessing each case
  • A range of issues from criminal records to terrorism links and hate crime involvement could disqualify a foreigner from passing the character test

Australia has published the specific character-related grounds on which a foreigner's visa can be cancelled, or their application refused, setting out eight distinct circumstances that could result in a person failing the country's character test.

The assessment framework is anchored in section 501(6) of the Migration Act 1958. Officers reviewing individual cases are guided by Ministerial Direction No. 110, which outlines what the Australian Government and the broader community expect from visa applicants and holders with criminal charges or convictions.

Australia visa character requirements, Australian character test, Australia visa cancellation, Australia visa refusal, Migration Act 1958 section 501, Ministerial Direction No. 110, criminal record and Australian visa
Australia has published eight grounds for failing its visa character test, covering criminal records, terrorism links, hate crimes and risks to public safety. Image credit: Matt Jelonek/Getty Images
Source: Getty Images

Australia's 8 grounds for failing the character test

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The first and most direct ground is holding a criminal record. Beyond personal convictions, membership of or links to any group or individual involved in criminal conduct also constitutes a basis for failure.

Suspected future criminal behaviour within Australia represents a third category. This applies where a minister reasonably believes an applicant or holder may engage in criminal conduct, harass or stalk another person, vilify a section of the community, incite discord, or pose a danger to the public while in the country.

An adverse security assessment issued by the Australian Security Intelligence Organisation (ASIO) can also trigger failure, as can being flagged under an Interpol notice from which a direct or indirect risk to the Australian community can reasonably be inferred.

Terrorism-related grounds form the sixth category, covering membership of or association with a terrorist organisation, a state sponsor of terrorism, or a prohibited hate group. Participation in conduct that constitutes a hate crime is listed separately as the seventh ground.

The eighth relates to the public endorsement or making of statements that spread ideas grounded in racial superiority or hatred based on race, colour, or national or ethnic origin.

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What failing the test means for visa holders

The consequences of falling short of the character requirement extend beyond those seeking entry for the first time. Existing visa holders are equally exposed, as the test applies at any point during a person's stay in Australia. Anyone found to be in breach of the standard risks having their visa cancelled and losing the right to remain in the country.

"The Ministerial Direction explains the expectations of the Australian Government and the Australian community about whether a visa applicant or visa holder, with criminal charges or convictions, can enter or stay in Australia," the government stated.

The publication of the full list through official government channels makes clear that Australia's character requirements are broad in scope and enforceable throughout the duration of a person's visa, not only at the point of application.

Australia clarifies when free visa ends for one nationality

Earlier, YEN.com.gh reported that Australia had issued guidance on when the free visa granted exclusively to New Zealand citizens will stop being valid.

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The visa in question is the Subclass 444 Special Category visa (SCV), a temporary, cost-free entry arrangement available only to New Zealand nationals who meet the eligibility requirements.

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Source: YEN.com.gh

Authors:
Philip Boateng Kessie avatar

Philip Boateng Kessie (Head of Human Interest Desk) Philip Boateng Kessie is the Head of the Diaspora Affairs Desk at YEN.com.gh, where he has worked since 2022. He has over eight years of journalism experience and holds a bachelor's degree in Communication Studies from the University of Cape Coast. Philip previously served as Head of the Human Interest Desk at YEN.com.gh and has also worked as a reporter for Graphic Communications Group Limited (GCGL) and a content writer for Scooper News. He also holds certificates in Advanced Digital Reporting and Fighting Misinformation. Email: philip.kessie@yen.com.gh