Australian Department of Home Affairs may refuse or cancel a visa application if the visa applicant does not pass the character check. Some of the reasons a person may fail the character test are when the individual has a substantial criminal record or when the individual may represent a threat to the Australian community.
An individual whose visa has been rejected or cancelled by a representative can apply to the Administrative Appeals Tribunal (AAT) to have this decision reviewed.
Section 501 of the Migration Act 1958 lists a range of reasons why someone may not go through the character test. Subsection (6) of section 501 has the full list of reasons, but examples consist of:
An individual whose visa has been rejected or cancelled by a representative under section 501 can apply to the AAT to have this decision altered.
Section 501(3A) states that a visa must be cancelled when the visa holder has been penalized, to 12 months or more detention or has been found guilty of a sexually founded crime involving a child. The visa holder must also be providing a full-time custodial sentence. This is called a compulsory cancellation.
A mandatory cancellation may be withdrawn by a delegate of the Minister or the Administrative Appeals Tribunal if they are convinced the person does in fact pass the personality test or where there is another reason for revocation. If a required cancellation is revoked by a delegate or the Tribunal, the person whose visa was cancelled will get their visa back. The Minister has the power to reverse this decision.