Drug Convictions and Australian Visas: What You Need to Know

If you have a history of drug offences, even if the charge was over a decade ago, you may want to make sure to take the correct steps before you apply for an Australian visa. Australia’s immigration law places a strong emphasis on character requirements to protect the Australian community. So, all visa applicants must satisfy the character test under the Migration Act 1958. This character test assesses whether an individual has good character.

What Is the Impact of Drug Offences on Australian Visa Applications?

Certain drug offences, especially those leading to substantial criminal records or significant jail time, such as possession of large quantities of illicit substances, could cause a failure of the character test and result in a visa refusal or a mandatory visa cancellation.
Less serious drug offences may not automatically result in a visa refusal or a mandatory visa cancellation. Still, they will be closely assessed. Visa applicants may receive a Notice of Intention to Consider Cancellation (NOICC) or a Notice of Intention to Consider Refusal (NOICR) from the Department of Home Affairs (DoHA). Once a notice is received, visa applicants have a limited period to respond to DoHA before the application gets finalised.
Alternatively, the visa application may be referred to a specialised unit team called the Visa Application Character Consideration Unit (VACCU). Once a visa application has been referred to VACCU, applicants will have to anticipate a processing time delay.

What are the Steps I can take to Address My Past Drug Offences for My Visa?

Schedule a time to consult with Jason Ling, an Accredited Specialist in Immigration Law, for professional advice and your next best step. Engage with a team of immigration lawyers to prepare a comprehensive and effective legal submission addressing character concerns.
Additionally, failure to disclose any information can result in a visa refusal or cancellation due to breaching Public Interest Criterion (PIC) 4020, which addresses the provision of false or misleading information.
At the same time, prepare and provide evidence of rehabilitation efforts, such as participation in drug treatment programs, documentation showing reform and changed behaviour, character references and more.

What are the Next Steps if My Visa is refused or cancelled due to Character Issues?

If your visa application is refused or your visa is cancelled due to drug offences, you may have options to seek an appeal of the decision through the Administrative Review Tribunal (ART). We suggest speaking with an Accredited Specialist in Immigration Law - Angela De Silva to strengthen your case for a favourable outcome.

How Can Agape Henry Crux Help

While a history of drug offences can present significant challenges in the visa application process, it does not automatically mean a closed door. Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling. AHC Lawyers’ team of immigration lawyers specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English, Mandarin, and Cantonese. If this isn’t your language, we can also help you arrange an interpreter.

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.

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Success Stories - Visa with Character and PIC4020 Issues