top of page

Character Waivers

A character waiver can be crucial for individuals with prior convictions, entry denials, or previous deportations seeking to enter Australia. Whether migrating or visiting temporarily, meeting the character test is essential for any visa application. Criminal convictions may complicate this process, but it's possible to seek a waiver from the Department of Home Affairs (DHA).

​

Character Requirements and Grounds for Waivers

​

Under Section 501 of the Migration Act 1958, the character requirements for visa and citizenship applications are stringent. The Character Test assesses whether an applicant poses a risk to the Australian community. The Department of Home Affairs (DHA) has the authority to refuse or cancel visas on character grounds to protect public safety.

​

There is no formal “waiver” process under Section 501; however, applicants may make representations or request revocation if a visa is cancelled on character grounds, depending on the circumstances. All character-related provisions are contained in Section 501 of the Migration Act.

    • Substantial Criminal Records: A term of imprisonment of 12 months or more, even if suspended or resulting from mental health issues, is considered substantial.

    • Past and Present Conduct: Both past and present criminal or general conduct are evaluated to determine moral character. Conduct reflecting poor moral character over time can lead to refusal or cancellation.

    • Association with Criminal Conduct: Association with groups or individuals involved in criminal activities can affect the character assessment.

    • Other Serious Offenses: Convictions related to sexually based crimes involving children, escaping immigration detention, people smuggling, genocide, war crimes, and domestic violence are significant factors.

  • Applicants who fail the character test can seek a reconsideration from the DHA, or potentially take the decision on review. The  decision maker will consider various factors when deciding on granting a visa despite a criminal record, including:

    • The ability to mitigate potential risks.

    • Skills and qualifications.

    • Significant family links in Australia.

    • Impact on Australian citizen children or family members.

    • Compassionate and compelling circumstances.

Assistance with Character Waivers

​

While the final decision rests with the DHA, professional assistance can significantly enhance the chances of success. Comprehensive submissions and evidence can help demonstrate why a waiver should be exercised.

Schedule a consultation with our lawyers today for expert guidance on character waivers.

bottom of page