Can I Stay in Australia While My Character Case Is Being Assessed?

If you have a pending court matter related to a criminal case, you must be wondering if you can stay in Australia while the character matter is being assessed. The short answer is maybe. If the Department raises character or security concerns about you, it can change your visa status. Whether you can stay while your case is assessed depends on your visa, the exact reasons for the concern, and the legal options available. It is recommended to get advice quickly!

What is a "Character Case"?

A character case happens when authorities think you may fail the character test in the Migration Act, often called section 501.
This may be due to criminal convictions, serious past conduct, or an adverse security assessment by the Australian Security Intelligence Organisation (ASIO).

How Character Concerns Can Affect Your Stay?

The Department may cancel your visa or refuse a new visa because of character issues.
Normally, when you lodge a new visa onshore, you get a bridging visa to stay lawfully. But if your visa is cancelled for character reasons, you may not be eligible for a bridging visa, and you may be an unlawful non-citizen. It is possible that your bridging visa may also be cancelled.
For serious security or criminal issues, the Department may detain you and start removal proceedings.
In rare cases, the Minister can allow you to stay through ministerial intervention. This is exceptional and not guaranteed.

What Steps to Take Now?

Check your visa status immediately by using Visa Entitlement Verification Online (VEVO) or your grant letter.
Get professional assistance as soon as possible, as the matter is complex and time limits for reviews are strict. An Accredited Specialist in Immigration Law can explain your options.
At the same time, gather strong evidence that shows good character and/or rehabilitation, such as police checks, court documents and explanations for past offences, evidence of rehabilitation, character references and others.
Depending on your circumstances, such as being detained or in the removal process, ensure you receive professional legal advice and guidance on your next steps and future visa options.
You may have the option to appeal the visa decision to the Administrative Review Tribunal (ART) for merits review. Alternatively, if the decision involved a legal error, you may apply to the court for judicial review. It is highly recommended to seek professional help for these options.
Consider engaging an immigration lawyer to build evidence and make a submission to the Department to argue your claim

Tips if You Think Your Visa May Be Cancelled or Refused due to Character

Act fast; time limits matter.
Do not leave Australia without advice, as it may remove review rights, and you may face a re-entry bar.
Before taking any action, ensure to get legal advice and guidance from an Accredited Specialist with experience in character cases such as Jason Ling.
Be honest and consistent in your statements and evidence. Don't Lie to Your Immigration Lawyer! Why Honesty is Your Best Defence.

Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.

How Can Agape Henry Crux Help

Being charged with a criminal offence does not mean you must leave the country; however, the outcome of the criminal case can affect your visa decision due to the character test. If you are facing criminal charges, consider engaging with one of our experienced Accredited Specialists in Immigration Law at Agape Henry Crux. They can assist with your complex visa matter. You can schedule an appointment with Jason Ling or Angela De Silva, our Accredited Specialists, for professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

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

Our founder and principal lawyer, Jason Ling is recognised in the 2026 edition of The Best Lawyers in Australia™ and the 2027 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards.

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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Visa Grants with Character Issues