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Immigration11 July 2026· 6 min read

Character Requirements and Visa Cancellation in Australia

Australia has some of the strictest character requirements for visa holders in the world. A criminal conviction — or even a spent conviction — can result in visa refusal or cancellation. Here is what you need to know.

Australia's character test under the Migration Act 1958 is one of the most powerful tools the Department of Home Affairs has to refuse or cancel visas. Many visa holders are unaware of how broad the character test is — and how a criminal record that seems minor can have catastrophic consequences for visa status.

What Is the Character Test?

Section 501 of the Migration Act sets out the character test. A person fails the character test if they:

  • Have a substantial criminal record (defined as a sentence of 12 months or more, including cumulative sentences)
  • Have been convicted of sexual offences against children
  • Have been convicted of an offence involving violence, harassment, or intimidation of another person
  • Have an association with criminal groups or individuals
  • Have been found guilty of conduct that would pose a risk to the Australian community
  • Have been convicted of one or more offences while in immigration detention

Mandatory Cancellation

Since 2014, the Minister is required to cancel (or refuse) the visa of a non-citizen who does not pass the character test in certain circumstances — including where the person has been sentenced to 12 months or more imprisonment. Unlike discretionary cancellation, mandatory cancellation does not require a balancing of factors.

Discretionary Cancellation

Where mandatory cancellation does not apply, the Department has discretion to cancel a visa on character grounds. Decision-makers must balance a range of factors including:

  • The seriousness of the offending and its nature
  • The risk of reoffending
  • The protection of the Australian community
  • The strength of ties to Australia (family, length of residence)
  • The impact of cancellation on the individual and their Australian family
  • The extent to which the person has shown rehabilitation

Spent Convictions

A common misconception is that spent convictions do not count for immigration purposes. They do. The Migration Act specifically provides that spent convictions under Commonwealth, state, or territory law are still taken into account when assessing character.

What Happens After Cancellation?

If a visa is cancelled on character grounds, the person becomes an unlawful non-citizen and may be detained. They can be removed from Australia. They may also be barred from applying for certain future visas.

Responding to a Notice of Intention to Cancel

Before cancelling a visa, the Department generally gives the visa holder an opportunity to respond — a Notice of Intention to Cancel. This is a critical window. A well-prepared response that addresses the balancing factors and demonstrates ties to Australia, rehabilitation, and the impact on family can make the difference between cancellation and retention of the visa.

AAT Review

In many cases, a decision to cancel a visa on character grounds can be reviewed by the Administrative Appeals Tribunal. The AAT conducts a fresh merits review — meaning it looks at all the evidence afresh and can substitute a different decision.

At James Papas Solicitors, Shanthi Anandarajah handles character visa matters including responses to cancellation notices and AAT reviews. Consultations in English and Tamil. Call (02) 9633 3122 immediately if you receive any correspondence from the Department about your visa status.

Need legal advice? James Papas Solicitors offers free first consultations for all Immigration Law matters. Our offices are in Parramatta and we serve all of Western Sydney. Learn more about our Immigration Law services → or contact us today.

Disclaimer: This article is provided for general information purposes only and does not constitute legal advice. Legal situations vary — please contact us for advice specific to your circumstances. James Papas Solicitors, Ground Floor 31–37 Hassall Street, Parramatta NSW 2150. (02) 9633 3122.

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