Requirements

Applicants might be asked to provide police clearance certificates, also known as penal clearance certificates, or other evidence during visa application process.

Police certificates may be requested for each country, including Australia and home country, that a person has lived in for 12 months or more, over the last 10 years, since turning 16 years of age. Each certificate must cover the whole period of time spent in a particular country. Police certificates are valid for 12 months from the date of issue.

The Australian Federal Police (AFP) National Police Check application form is available on the AFP website. For instructions on obtaining a certificate from a foreign government or law enforcement agency, applicants need to refer to the police check section of the relevant country information page. In situations, where a country issues certificates only to its citizens or residents, an applicant will need to contact their migration agent or the nearest Australian Immigration office for more information.

In addition to certificates, visa applicants inside Australia should provide a completed Form 80, Personal particulars for character assessment. While applicants outside Australia do not have to submit this form with their application, it is advisable to include it in order to reduce possible processing delays. In some cases, applicants may also be asked to complete a Character Statutory Declaration.

Assessment

In order to meet character requirements a person needs to pass a character test. Applicants will not pass the character test if they:

• Have a substantial criminal record¹
• Have been convicted of escaping from immigration detention
• Have been convicted for any offence committed in or during/after an escape from immigration detention
• Have, or have had, an association with an individual, group or organisation suspected of involvement in criminal conduct
• Have been suspected of involvement in a crime that is of serious international concern²
• Have been found not to be of good character based on past and present criminal or general conduct
• Pose a significant risk while in Australia³
• Have been found guilty of sexually based offences involving children
• Are subject to a negative security assessment by the Australian Security Intelligence Organisation (ASIO)
• Are subject to an Interpol notice and presumed to pose a direct or indirect risk to the Australian community

¹Substantial Criminal Record

Results

If a person does not inform the Department of a past or present criminal history or does not pass the character test, existing visa application may be refused or current visa can be cancelled. In most cases, the decision to cancel a visa is discretionary. But in circumstances affected by substantial criminal record or sexual offences involving children, the decision is mandatory and the department must cancel a visa and provide 28 days for revocation requests.

Decisions to cancel or refuse a visa are made after full consideration of all the circumstances. An effective migration agent can make a submission on behalf of a client and provide reasons why a visa should not be cancelled or the decision to cancel should be revoked. Depending on the circumstances and applicant’s location, there may be also a right of appeal to the Administrative Appeals Tribunal (AAT). Irrespective of the AAT option, an applicant may always seek judicial review of the decision, if they believe it was not lawfully made.

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