03/06/2026
๐จ๐ป๐ฑ๐ฒ๐ฟ๐๐๐ฎ๐ป๐ฑ๐ถ๐ป๐ด ๐๐ต๐ฒ ๐ฆ๐ฒ๐ฐ๐๐ถ๐ผ๐ป ๐ฑ๐ฌ๐ญ ๐๐ต๐ฎ๐ฟ๐ฎ๐ฐ๐๐ฒ๐ฟ ๐ง๐ฒ๐๐ ๐ถ๐ป ๐๐๐๐๐ฟ๐ฎ๐น๐ถ๐ฎ๐ป ๐ ๐ถ๐ด๐ฟ๐ฎ๐๐ถ๐ผ๐ป
If you are applying for an Australian visa, or if you already hold one, the character test under section 501 of the Migration Act 1958 is something you need to understand.
Here is the key point: the character test is not only about serious criminal convictions. It applies broadly, and failing it can result in visa refusal or visa cancellation.
๐ช๐ต๐ฎ๐ ๐ฑ๐ผ๐ฒ๐ ๐๐ต๐ฒ ๐ฐ๐ต๐ฎ๐ฟ๐ฎ๐ฐ๐๐ฒ๐ฟ ๐๐ฒ๐๐ ๐ฐ๐ผ๐๐ฒ๐ฟ?
The test covers several grounds:
Criminal history. Specifically, having a "substantial criminal record" under the Migration Act. This includes sentences of 12 months or more in prison (whether for a single offence or in aggregate), or other serious custodial arrangements.
Past conduct and associations. Reasonable grounds to suspect involvement in criminal conduct, or membership of a group or organisation involved in criminal activity, may cause a person to fail the test.
National security. An adverse security assessment from ASIO is a ground for failing the character test.
Future conduct. The decision-maker may also consider whether a person's future conduct is likely to be a risk to the Australian community.
๐ช๐ต๐ผ ๐ฑ๐ผ๐ฒ๐ ๐ถ๐ ๐ฎ๐ฝ๐ฝ๐น๐ ๐๐ผ?
The character test applies to all visa applicants regardless of visa category, skilled, family, student, visitor. It also applies to existing permanent residents. If a permanent resident is sentenced to a term of imprisonment, the Department of Home Affairs may be required to consider cancellation of their visa.
๐ช๐ต๐ฎ๐ ๐ฎ๐ฏ๐ผ๐๐ ๐ฑ๐ถ๐๐ฐ๐น๐ผ๐๐ถ๐ป๐ด ๐๐ผ๐๐ฟ ๐ต๐ถ๐๐๐ผ๐ฟ๐?
Form 80 (Personal Particulars for Assessment Including Character Assessment) is a standard form used to collect information about an applicant's background. In some cases, Form 1221 (Additional Personal Particulars Information) is also required.
Honest and complete disclosure is essential. Non-disclosure, even if the underlying information would not have caused a visa refusal, can itself be a ground for refusal or cancellation.
What happens if you fail?
The decision-maker may refuse or cancel a visa. In some cases the cancellation is mandatory. A person may be able to seek review at the Administrative Review Tribunal, but where the Minister exercises personal section 501 powers, ART review is not available, only judicial review.
๐ช๐ต๐ฎ๐ ๐๐ต๐ผ๐๐น๐ฑ ๐๐ผ๐ ๐ฑ๐ผ?
If you have any criminal history, even matters that were dismissed, minor offences, or overseas convictions, get professional advice before lodging your visa application. Do not assume an old matter will not be considered.
Migration Guru has experience advising clients on character-related concerns across all visa categories. Contact us for a confidential discussion before you lodge.
Visit immi.homeaffairs.gov.au for the Department of Home Affairs' official guidance on character requirements. Have questions? Call Migration Guru on +61 7 3036 3800, email [email protected] or visit migrationguru.com.au. We are here to help.
๐ฅ๐ฒ๐ฎ๐ฑ ๐ ๐ผ๐ฟ๐ฒ : https://www.migrationguru.com.au/section-501-character-test/section-501-character-test-what-every-visa-applicant-needs-to-know/