The Department of Immigration can refuse your visa application or cancel your visa if they find that you fail the character test. You will fail the character test if you have committed a serious criminal act or have been involved in activities that reflect negatively on you as a person.
In July 2012, the Minister published new guidelines on character cases which make it easier for the Department to refuse visa applications or cancel visas on character grounds. This makes it even more important to seek expert advice and assistance if your character is an issue.
The consequences of a negative character decision are very serious. If you are in Australia you will be placed in immigration detention before being removed. Once removed, or if you are outside Australia already, it is likely that you will never be able to return.
In the last 12 months we have handled a number of cases in which the Department sought to refuse visas on character grounds where we were able to convince the Minister that he should not cancel our clients’ visas.
Our immigration lawyers can assist you by obtaining evidence, arranging for expert reports where necessary and drafting comprehensive submissions that explain why your visa application should not be refused or your visa cancelled.
You usually only have a very limited time to explain why your visa application should not be refused or your visa cancelled. If you think you are facing a visa cancellation contact us now. It may be too late for our immigration lawyers to help if you delay contacting us.
You can challenge decisions to refuse your visa application or cancel your visa on character grounds in the Administrative Appeals Tribunal. Strict time limits apply for you to lodge a case in the AAT.