What Is the Character Test Under the Migration Act?

The character test is one of Australia’s two basic entry conditions (alongside the health requirement). Failing the character test can lead to a visa refusal or the cancellation of a visa already granted — including for permanent residents.

Where Is the Character Test Defined?

The character test is set out in Section 501 of the Migration Act 1958. This is the legal standard Australia uses to assess whether a person is of “good character” enough to enter and stay in Australia.

The Criteria for Failing the Character Test

A person fails the character test if any of the following applies:

1. A substantial criminal record: Sentenced to 12 months’ imprisonment or more (including cumulative sentences), or convicted of an offence involving violence or sexual assault.

2. Currently in detention: Currently in prison or detention in any country.

3. Membership of a criminal organisation: Being a member or former member of a gang or organised criminal group.

4. A risk to the Australian community: The DHA has reasonable grounds to believe the person would engage in criminal conduct in Australia.

5. A history of immigration breaches: Having been deported from Australia or certain other countries.

6. Other conduct that is not appropriate: The DHA may consider past conduct even where it did not result in a criminal conviction.

Who Assesses the Character Test?

The Minister for Home Affairs or the DHA is the decision-maker. Under Section 501, the Minister has the power to refuse or cancel a visa on both bases: mandatory and discretionary.

The Character Test Is Different From a Police Clearance

A police clearance is the evidence you provide to the DHA so they can assess the character test. The character test is the legal criterion the DHA applies when considering an application.

You can have no criminal record and still fail the character test if the DHA has evidence of another risk.

Effect on Subclass 482 and 186 Visas

For subclass 482 and 186 visas, the applicant must pass the character test. The DHA may request further information if a criminal record is revealed through the police clearance.

The topic on Section 501 covers in more detail the consequences of failing the test after a visa has been granted.