It is a general requirement that you must pass the character test when applying for a visa or Australian citizenship. There are tough rules regarding criminal offences that may affect your application.
However, if you receive a letter from the Department of Home Affairs (DHA) advising you that your visa or citizenship application is refused for character reasons, you may be able to apply for a “character waiver”.
A character waiver application demonstrates why you should not be refused a visa or Australian citizenship despite your previous history.
If your visa is cancelled under the character ground there are certain steps to follow and time limits apply for a character waiver. This includes making a request to the Minister to consider restoring your visa within 28 days of receiving the decision. Subsequently, if a delegate of the Minister decides not to restore your visa, you can apply for a review of that decision at the Administrative Appeals Tribunal (“AAT”). Judicial review may be sought on questions of law in your case.
Contact Us today to help with your visa requirements.