Substantial criminal record
12+ months imprisonment (including suspended sentences, including cumulative totals across multiple sentences). The most common trigger.
Section 501 Migration Act · Good Character Required
Every applicant must pass the character test. For some people, it is the central issue.
For most people, the character test is routine. For people with criminal records, past immigration issues, or certain associations, the character test can be the main obstacle in the visa application. Our Immigration Lawyer Prateek Maan handles character matters.
Test elements
Five grounds. Substantial criminal record is the most common.
Section 501 defines several pathways to character test failure. Any one can trigger scrutiny.
Criminal records below 12 months
Shorter sentences do not automatically trigger failure but form part of the overall character assessment. Multiple shorter offences can compound.
Association grounds
Association with persons involved in criminal conduct, terrorist activity, or other proscribed activities at a threshold indicating the applicant is not of good character.
Past immigration issues
Past visa cancellations, immigration breaches, or false statements in previous applications.
Risk of conduct concerns
Assessment of risk that the person would engage in criminal or other serious conduct if in Australia.
Discretionary decisions
Even if the test is failed, discretion can apply.
Failure does not mean automatic refusal. In most cases, decision-makers have discretion under Ministerial Direction 99.
Protection of the communityThe seriousness of the offence, risk of reoffending, and community safety weigh heavily.
Ties to AustraliaLength of residence, family, employment, property, community connections all support favourable discretion.
Best interests of childrenAustralian citizen and permanent resident children's best interests are a primary consideration under Direction 99.
Community expectations and non-refoulementCommunity expectations about the conduct weighed alongside obligations not to return people to harm.
Addressing character concerns
Five components of strong character submissions.
Character cases are won on structure and evidence. Hiding issues is worse than addressing them.
Proactive disclosure and references
Full disclosure of past offences. Character references from employers, community members, religious leaders, and others who know the applicant and can speak to current character.
Rehabilitation and submissions
Evidence of rehabilitation since the offence: completed programs, ongoing support, stable employment, community involvement. Formal submissions engaging with the primary considerations in Direction 99.
Family and community impact
Evidence of impact on Australian family, children, and community if the visa is refused or cancelled. Often the deciding factor in borderline cases.
The character test applies at initial visa application and throughout visa holding.
A permanent resident convicted of an offence carrying a 12-month sentence can face visa cancellation under Section 501(3A), even if they have lived in Australia for decades. Long-term residents are not immune to character-based removal.
Common questions
The questions we hear most.
For character test matters, book with our Immigration Lawyer Prateek Maan.
I have a suspended sentence. Does that count?
Yes. Suspended sentences count the same as served sentences for the substantial criminal record test. A 12-month suspended sentence triggers failure just as a 12-month served sentence does.
My conviction was 20 years ago. Does it still matter?
It still needs to be disclosed in most cases and is still relevant to the character test, though old offences with subsequent good conduct are weighed less heavily. Rehabilitation evidence matters.
Can I travel to Australia on a visitor visa with a minor conviction?
Often yes, but disclosure is essential. A minor conviction disclosed properly is usually not a problem. The same conviction hidden and later discovered is a much bigger problem.
What is the difference between the character test and Section 501 cancellation?
The character test applies at application stage. Section 501 cancellation applies to people who already hold a visa. The underlying grounds are similar but the procedural posture is different.
Some information on this page has been sourced from the Department of Home Affairs and has been interpreted and approved by Principal Migration Agent Sourabh Aggarwal (MARN 1462159). Last reviewed: May 2026.