I Have a Fraud Charge – How Will My Visa Be Affected?
If you are considering applying for an Australian visa and you have a past or pending fraud charge, it is understandable that you are concerned about your visa application. Similarly, if you are currently holding an Australian visa, no matter temporary or permanent, and have been charged for fraud, even if not resulting in a conviction, it is best to be concern of your visa status and figure out what is your next best steps.
What is the Character Requirement for an Australian Visa?
All visa applicants must meet the character test under the Migration Act 1958, as outlined in Australian immigration law. This character test evaluates whether an individual is of good character and does not pose a risk to the Australian community.
What Are the Impact of Fraud Charges on Australian Visa Applications?
Fraud charges, even without a conviction or those leading to substantial criminal records or significant jail time, may result in a visa refusal or a mandatory visa cancellation due to failure of the character test.
In some scenarios, it may not automatically result in a visa refusal. 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). Visa applicants have a limited timeframe to respond to DoHA before their visa is cancelled or refused.
Alternatively, another scenario may be that the ongoing visa application may be referred to the Visa Application Character Consideration Unit (VACCU), a specialised unit team within DoHA. If this is the case, applicants are to expect a delay in processing time.
What Can I Do to Address My Fraud Offences?
Consult for professional advice and guidance from Jason Ling (Accredited Specialist in Immigration Law). Jason specialises in complex cases, especially with character-related matters. At the same time, prepare and provide supporting evidence, as these take time. Additionally, your visa may be refused due to Public Interest Criterion (PIC) 4020, as failure to disclose your convictions - so it is important to be honest and truthful in your application.
What are the Next Steps if My Visa is refused/Cancelled due to Character?
Suppose your visa application is refused or your visa is cancelled because you do not meet the character requirement. In that case, you may seek a merit review to appeal the decision through the Administrative Review Tribunal (ART). Before taking any action, consider speaking with an Accredited Specialist in Immigration Law.
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
Having a history of criminal convictions can increase the complexity of the visa application process; however, seeking professional assistance may offer some hope. 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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