What does Substantial Criminal Records mean in Migration Law?
Individuals with a criminal record often face complexities in the visa application process. It is natural to wonder about the difference between the types of criminal records and how they may affect visa outcomes. For visa applicants with criminal charges, they will encounter the term “substantial criminal record”, which can significantly impact visa eligibility and the character test criteria.
What Does “Substantial Criminal Record” Mean in Australian Migration Law?
Under Section 501 of the Migration Act 1958, for the purposes of the character test, a person has a substantial criminal record if:
the person has been sentenced to death; or
the person has been sentenced to imprisonment for life; or
the person has been sentenced to a term of imprisonment of 12 months or more; or
the person has been sentenced to 2 or more terms of imprisonment, where the total of those terms is 12 months or more; or
the person has been acquitted of an offence on the grounds of unsoundness of mind or insanity, and as a result the person has been detained in a facility or institution; or
the person has:
been found by a court to not be fit to plead, in relation to an offence; and
the court has nonetheless found that on the evidence available the person committed the offence; and
as a result, the person has been detained in a facility or institution.
What Happens if the Visa Applicant Meets One of the Substantial Criminal Records?
It is the visa applicant's responsibility to disclose any convictions or sentences when applying for a visa. Failure to disclose such convictions or sentences may result in a visa refusal under PIC4020 for providing false or misleading information.
A visa applicant with a substantial criminal record typically fails the character test, impacting their visa eligibility. This failure is applicable to both prospective visa applicants and current visa holders.
A substantial criminal record can lead to the refusal of visa applications or the cancellation of existing visas, including PR, reflecting a strict commitment to maintaining community safety.
What Can I Do to Address Character Issues?
Speak with an Accredited Specialist in Immigration Law for tailored advice and assistance. They specialise in highly complex matters and identify any potential issues and solutions to meet your objectives, such as appeals to the tribunal, judicial reviews, or ministerial intervention, among others.
Related:
Character Test: Insights into VACCU’s Decision-Making Process for Your Visa Application
Facing a Character Test Failure Under Section 501? Why You Need an Accredited Specialist
How Can Agape Henry Crux Help
If you have character requirement and want to know how to prevent your visa being refused or cancelled, speak with one of our Accredited Specialists in Immigration Law for tailored advice on your next best step. Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling. Our 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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