Visa Cancellations

Visa Cancellations

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Visa Cancellations

Any type of visa may be cancelled by the Department of Immigration and Border Protection if you do not pass the “character test”. The character test is defined in section 501(6) of the Migration Act 1958.

You will not pass the character test if you have a “substantial criminal record” or have an association with an individual, group or organisation which is suspected of being involved in criminal conduct or are not of good character having regard to your past and present criminal or general conduct; or are at significant risk of engaging in future, unacceptable conduct.

What is a substantial criminal record?

A person will have a substantial criminal record if they have been sentenced to a period of imprisonment of 12 months or more, sentenced to several shorter periods of imprisonment that add up to 2 years or more or ffound not guilty due to mental illness and detained.
If you have a substantial criminal record, you fail the character test and DIBP may cancel your visa.

What happens if my visa is cancelled?

If your visa is cancelled you cannot remain in Australia unless you get another type of visa.
You cannot apply for any other visa except a protection (refugee) visa or a bridging visa.
Once you have finished your prison sentence, you will be removed from Australia and returned to the country of which you are a citizen. Most of the time this is the place you were born.
After you have been removed from Australia you will never be able to return.