I Have An AVO /DVO on My Record, How Does that Affect My Visa?
Navigating through the Australian visa process, you must have come across the fact that all visa applicants must satisfy the character requirements. This character test assesses whether an individual possesses good character. Additionally, if you have a history (even from a decade ago) of any criminal records, such as:
You are likely concerned about its impact on your visa application, as it can trigger a stricter assessment of your character and could potentially lead to a visa refusal or visa cancellation.
What Are AVOs and DVOs?
Apprehended Violence Orders (AVOs) are issued by the New South Wales (NSW), Australia, to protect a person from violence, harassment, intimidation or stalking. There are two types of AVOs:
Apprehended Domestic Violence Orders (ADVOs)
Apprehended Personal Violence Orders (APVOs)
Similarly, Domestic Violence Orders (DVOs) are issued in other Australian states and territories, providing protection in domestic relationships where violence or abuse is threatened. There are also two types of DVOs:
A protection order
A temporary protection order
Both orders are to ensure the safety and well-being of an individual. Being subject to one of these orders, even without a criminal conviction, can raise character concerns and may impact the outcome of your visa application.
Related: A Look at Family Violence and Criminal Law in Australia
AVOs and DVOs and Character Tests for Visa Applications
Under the Migration Act 1958, all visa applicants are required to meet specific character requirements. All applicants must pass the character test on whether they pose a risk to the Australian community.
Related: Common Character Mistakes – Traffic Offences, Spent Convictions and More
How do AVOs and DVOs Affect My Visa Application?
Past involvement in cases of domestic violence or instances of being subjected to an AVO or DVO, their visa application may:
Result in a visa refusal or a mandatory visa cancellation due to failure of the character test.
Receive a Request for More Information (S56) notice or a Natural Justice (S57) notice from the Department of Home Affairs (DoHA) requesting further documents and information. Applicants have a limited timeframe to respond to address any concerns raised by the case officer.
Receive a Notice of Intention to Consider Cancellation (NOICC) or a Notice of Intention to Consider Refusal (NOICR) from DoHA. Once a NOICC/NOICR notice is received, visa applicants have a limited period to respond to address character issues with DoHA before the application is finalised.
Referred to a specialised unit team called the Visa Application Character Consideration Unit (VACCU) within DoHA. When a visa application has been referred to VACCU, applicants can expect a delay in processing time.
What are the Steps I can take to address the AVOs/DVOs for My Visa?
We highly recommend scheduling a consultation with Jason Ling, an Accredited Specialist in Immigration Law, for professional guidance. Engage with a team of experienced immigration lawyers to effectively address character concerns.
At the same time, start preparing and compiling any supporting documents that showcase any positive changes to character, character references and more.
Failure to disclose your criminal history in any visa application (current or previous), can result in immediate a visa refusal due to breaching the Public Interest Criterion (PIC) 4020, due to providing false or misleading information.
What to Do If My Visa is Refused/Cancelled Due to Character?
If your visa application is refused or your visa is cancelled due to character concerns, you may have options to seek a merits review with the Administrative Review Tribunal (ART). We recommend speaking with an Accredited Specialist in Immigration Law to strengthen your case for a favourable outcome.
Related:
Served Your Criminal Sentence, Will My Future Visa Be Affected?
What To Do If I Have A Criminal Charge After My Permanent Visa Grant?
How Can Agape Henry Crux Help
Read our latest 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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