Character Obligations After a Visa Is Granted: What to Know

Character matters beyond the visa application stage

Many people mistakenly believe that once a visa is granted, the character requirement has been met and no longer bears on their life in Australia. This is a misconception. The Migration Act 1958 clearly provides that a visa can be cancelled after grant if the visa holder breaches the character requirements or visa conditions.

Understanding your character obligations after a visa is granted is important to protect your residence status in Australia.

Visa conditions relating to lawful conduct

Most Australian visas carry an implied or expressly stated condition requiring the visa holder to comply with Australian law throughout their stay. This includes:

Not breaching criminal law in Australia
Complying with the specific conditions stated on the visa (for example: not working if the visa does not permit it)
Not engaging in activities that endanger the community

If you are arrested or charged while holding an Australian visa, the DHA does not need to wait for a conviction to begin considering cancellation in certain situations.

The obligation to notify the DHA

Although not every visa carries a mandatory self-reporting condition, visa holders should understand that in some situations:

If you are charged with a criminal offence and are awaiting trial, the DHA may be notified automatically through systems linked to Australian courts and police.
If you are in the process of applying for permanent residence or a visa extension, you have a duty to declare truthfully any new charge or conviction since the time of lodging.
A failure to declare may constitute a false declaration under PIC 4020 if you have a new application in progress.

Section 501: the character test and cancellation

Section 501 of the Migration Act 1958 gives the Minister for Home Affairs the power to cancel a visa if the visa holder does not pass the character test. The character test under section 501 includes:

Being sentenced to imprisonment of 12 months or more (whether suspended or not)
Having a prior conviction relating to a violent, drug, or sexual offence
Being assessed as a danger to the Australian community

In particular, section 501(3A) provides that the Minister must cancel a visa (with no discretion) if the visa holder is serving a sentence of imprisonment and has a “substantial criminal record” as defined by the Act — for example: sentences totalling 12 months or more.

Section 116: cancellation at the case officer’s discretion

Section 116 allows the DHA to cancel a visa in broader circumstances, including:

The visa holder no longer meets the conditions on which the visa was granted
It is discovered that information in the original application was incorrect or misleading
The visa holder is a danger to public health or safety

Unlike section 501, section 116 is discretionary — the case officer or the Minister can consider all the circumstances before deciding whether to cancel the visa.

Your rights when facing a proposed cancellation

If the DHA issues a “Notice of Intention to Consider Cancellation” (NOICC), you have the right to:

Respond in writing within the time allowed, setting out why the visa should not be cancelled
Submit evidence of mitigating circumstances, your family role, and contributions to the community
In many cases, appeal the decision to the Administrative Appeals Tribunal (AAT)

Responding on time and in full is critically important. Ignoring the notice or responding incompletely substantially reduces your chances of protecting your visa.

Practical advice

If you hold an Australian visa and become involved in a legal matter — even just an administrative fine or police questioning about an incident — consult a migration agent or immigration lawyer before the matter escalates. Early intervention usually creates more options than reacting after a cancellation decision has been made.