Why don't I meet the character requirement?

You will not pass the character test if:

  • you have a substantial criminal record
  • you have been convicted of any offence that was committed while in immigration detention, during an escape from immigration detention, during a period where you escaped from immigration detention, or if you have been convicted of the offence of escaping from immigration detention
  • you have, or have had, an association with an individual, group or organisation suspected of having been, or being, involved in criminal conduct
  • having regard to your past and present criminal conduct, you are found not to be of good character
  • having regard to your past and present general conduct, you are found to be not of good character
  • there is a significant risk that you will engage in criminal conduct in Australia; or harass, molest, intimidate or stalk another person in Australia; or vilify a segment of the Australian community; or incite discord in the Australian community or in a segment of that community; or represent a danger to the Australian community or to a segment of that community.

In assessing whether or not you meet the character requirement the following might be taken into consideration:

  • you are assessed as a risk to Australian national security
  • your presence in Australia:
    • is or would be against Australia’s foreign policy interests
    • is or would be against Australia's Autonomous Sanctions Regulations
    • might be directly or indirectly associated with the spread of weapons of mass destruction.
  • you hold extremist views, such as the view that violence is a legitimate means of political expression
  • you are likely to vilify or defame the Australian community or part of it
  • you have a record of causing law and order problems, such as by addressing public rallies
  • you act in a way likely to be insensitive in a multicultural society, such as by advocating that people in particular ethnic groups should adopt political, social or religious values well outside those acceptable to Australian society
  • you are active in a political movement that aims to achieve the non-peaceful overthrow of your own or another government
  • you have planned, participated in or been active in promoting politically motivated violence or criminal violence, or are likely to propagate or encourage such actions in Australia
  • you are likely to provoke an incident in Australia because of the conjunction between your activities and the proposed timing of your visit and the activities and timing of a visit by another person who might hold opposing views
  • you are a war criminal, are suspected or accused of war crimes or are associated with a person or group involved in war crimes
  • you are known to be or suspected of being involved in organised crime
  • you pose some threat or harm to the Australian community or part of it
  • your presence in Australia is likely to be contrary to Australia’s foreign policy interests
  • you claim to represent a foreign state or government that is not recognised by Australia
  • the Minister is aware of any other credible material that might be relevant to specified public interest criteria.

Frequently Asked Questions