Any Australian visa (temporary or permanent) may be cancelled by the Department of Home Affairs (DHA) if you do not pass the “character test”.
The character test is defined in section 501(6) of the Migration Act 1958.
A visa application can also be refused if you do not pass the character test.
When Do You Fail the Character Test?
You will not pass the character test if you:
- Have a substantial criminal record (see definition below), or
- Have an association with an individual, group, or organisation suspected of involvement in criminal conduct, or
- Are not of good character based on your past and present criminal or general conduct, or
- Are considered to be at significant risk of engaging in future unacceptable conduct
What Is a “Substantial Criminal Record”?
A person is considered to have a substantial criminal record if they have been:
- Sentenced to 12 months or more imprisonment, or
- Sentenced to multiple shorter prison terms (at the same time or at different times) that total 2 years or more, or
- Found not guilty due to mental illness and detained
If you have a substantial criminal record, you fail the character test and DHA may cancel your visa.
Tip (Important)
When calculating a “period of imprisonment”, DHA may include:
- parole periods
- suspended sentences
- time spent in periodic detention
- time spent in drug rehabilitation or mental health facilities (if ordered by a court as part of sentencing)
Sentences received for juvenile offences may also be included.
What Happens If My Visa Is Cancelled?
If your visa is cancelled:
- You cannot remain in Australia unless you are granted another visa
- You cannot apply for most other visas (except a Protection visa or certain Bridging visas)
- Once you have finished your prison sentence, you may be removed from Australia and returned to your country of citizenship
- In many cases, after removal, you may be permanently prevented from returning to Australia
Cancelling a Visa – How It Works
Step 1: DHA is Notified
DHA is notified that you have a substantial criminal record.
This usually happens while you are in prison.
DHA generally does not start the cancellation process until the last 6 months of a sentence, however DHA can consider cancellation:
- at any time during imprisonment, or
- after release
Step 2: Notice of Intention to Consider Cancellation (NOICC)
DHA sends you a Notice of Intention to Consider Cancellation.
This notice means DHA is considering cancelling your visa, but no final decision has been made yet.
You will be given a chance to respond and explain why your visa should not be cancelled.
Ministerial Cancellation (Very Important)
The Minister for Immigration can also cancel your visa personally.
If the Minister cancels your visa:
- the process is different
- there is no AAT appeal right in many cases
- you should seek legal advice immediately
Step 3: Notice of Visa Cancellation
If DHA cancels your visa, you will receive a Notice of Visa Cancellation.
This means a final decision has been made.
⚠️ You must act quickly, because deadlines for review are strict.
Important: National Character Consideration Centre (NCCC)
The section of the Department of Home Affairs that deals with visa cancellations on character grounds is the:
National Character Consideration Centre (NCCC)
Appeals and Reviews
If you have recently had a visa refused or cancelled and you disagree with the decision, you may have review options.
However, not all decisions are reviewable by the AAT.
For example:
- You generally cannot apply for AAT review if the Minister personally refuses or cancels your visa under section 501 of the Migration Act 1958.
Common Review Options May Include
- AAT Review
- AAT Fees
- Federal Circuit Court (only for legal errors)
