Australia Lists 8 Reasons a Foreigner's Visa Could Be Cancelled

Australia Lists 8 Reasons a Foreigner's Visa Could Be Cancelled

  • Australia's government published the character requirements that all visa applicants and holders must meet to enter or remain in the country
  • The requirements fall under section 501(6) of the Migration Act 1958, with officers guided by Ministerial Direction No. 110 when assessing each case
  • A range of issues from criminal records to hate speech and terrorism links could disqualify a foreigner from passing the character test

Australia has outlined the specific character-related issues that can result in a foreigner's visa being cancelled or their application being denied, publishing the full list through its official government channels.

Officers reviewing visa cases are guided by Ministerial Direction No. 110, which sets out the Australian Government's expectations regarding applicants or holders with criminal charges or convictions.

Australia names conduct that could get a foreigner's visa cancelled
Australia lists actions that could lead to cancellation of foreigner's visa. Images for illustration purposes only. Photo Source: Getty Images/LUDOVIC MARIN/Alexander W Helin
Source: Getty Images

Character issues that can get visa cancelled

"The Ministerial Direction explains the expectations of the Australian Government and the Australian community about whether a visa applicant or visa holder, with criminal charges or convictions, can enter or stay in Australia," the government stated.

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The character assessment is rooted in section 501(6) of the Migration Act 1958.

The following circumstances may result in a person failing the character test:

1. Criminal record — Having a history of criminal convictions is among the most direct grounds for failing the test.

2. Criminal associations — Being a member of, or having links to, any group or individual involved in criminal conduct.

3. Suspected criminal behaviour in Australia — If the minister reasonably suspects that a visa holder or applicant might, while in Australia, engage in criminal conduct, harass, molest, intimidate or stalk another person, vilify a section of the Australian community, incite discord within the community, or pose a danger to the public.

4. Adverse security assessment — Being subject to an adverse security assessment issued by the Australian Security Intelligence Organisation.

5. Interpol notice — Being flagged under an Interpol notice from which it is reasonable to infer a direct or indirect risk to the Australian community.

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6. Terrorism links — Membership of, or association with, a terrorist organisation, a state sponsor of terrorism, or a prohibited hate group.

7. Hate crime involvement — Participation in conduct that constitutes a hate crime.

8. Spreading racial hatred — Making or publicly endorsing statements that involve spreading ideas based on the superiority of, or hatred towards, other people because of their race, colour, or national or ethnic origin.

What the Australian character test means

Failing to meet the character requirement does not only affect new applicants. Existing visa holders can also have their visas cancelled if they are found to fall short of the standard at any point during their stay in Australia.

The government's position is that anyone who cannot demonstrate good character, based on the criteria above, risks losing the right to enter or remain in the country.

Australia speaks about eligibility to join military

Meanwhile, Legit.ng recently reported that Australia had widened access to its military careers to include permanent residents from four countries.

The policy allows eligible residents of New Zealand, the UK, the US, and Canada to apply to join the Australian Defence Force without first obtaining citizenship.

Source: Legit.ng

Authors:
Muhammed Hammed Olayinka avatar

Muhammed Hammed Olayinka (Human Interest Editor) Muhammed has worked with Oracle UNILORIN, Opera News Hub, Scopper News, Gistreel, and now LEGIT.ng. He won the NAPSS President Writing Skirmish (2017) and was first runner-up in the UNILORIN Senate Writing Contest (2018). He can be reached via email at muhammed.hammedolayinka@corp.legit.ng