In addition to these primary considerations, the Department of Home Affairs may take into account:

• The potential difficulties the applicant may face if they return to their home country;
• The impact of the criminal behaviour on victims;
• The strength of the applicant’s ties to Australia;
• The effect of the applicant’s presence on Australia’s economy.

Under Section 501 of the Migration Act 1958, the Minister for Immigration has the power to refuse or cancel a visa if the applicant does not pass the character test. Section 501(6) outlines several reasons why someone might fail the character test, including:

• a substantial criminal record  
• been convicted of an offence whilst in immigration detention, during an escape from immigration detention or whilst on escape  
• been convicted of escape from immigration detention 
• involvement or membership with group, org or person involved in criminal conduct  
• involvement in people smuggling, trafficking, genocide, crime against humanity, war crime, torture, slavery etc.  
• past and present general and criminal conduct demonstrates not of good character
• risk to Australian community  
• been convicted of sexually based offences involving a child or found guilty of such offence etc.  
• Been assessed as a risk by ASIO 
• Interpol notice  

The Minister currently has the discretion to refuse or cancel a visa if a person does not pass the character test. 

However, if a person is serving a sentence of imprisonment and has had a substantial criminal record of conviction of a sexually based offence involving a child, then the Minister must proceed to cancel the person’s visa. There is no discretion.  

The Department will consider the seriousness of the criminal conduct. Major offences, such as violent crimes, sexual offences, and domestic violence, are likely to have a significant impact on a visa application. Minor offences, especially if the imprisonment term is less than 12 months, may have less of an impact. However, repeated minor offences may still negatively affect the application.

The following factors will be assessed:

1. Crimes involving violence or sexual offences;
2. Crimes against women and children, even if no conviction or sentence was imposed;
3. Domestic violence, regardless of conviction;
4. Forced marriages;
5. Use of power or influence to exploit vulnerable people;
6. The total length of any sentence(s);
7. The frequency of offending and the potential for reoffending;
8. Whether false or misleading information was provided to the Department of Home Affairs;
9. Whether the applicant committed further offences after receiving warnings or being notified about the potential visa consequences of their criminal record.