TABLE OF CONTENTS
Pathway Advice and Character Issues
Visa Cancellation on character grounds can have permanent consequences
Character issues now spill into many areas of migration law
Mandatory Visa Cancellation for Imprisonment for Certain Crimes
28 Days to Apply to Have the Mandatory Cancellation Revoked
Person Remains in Detention Once a Visa is Cancelled
Merit Review, Mandatory Cancellation and Revocation of Cancellation
What is the Relevance of s 501(3A) to Sentencing Principles
Other Character Cancellation Powers
The Character Test in the Non-Mandatory Cancellation Context
Substantial Criminal Record – Imprisonment
Offences in Immigration Detention
Involved in a Group Involved in Criminal Conduct
Further General Grounds to Fail the Character Test
Sexually Based Offences Involving a Child
ASIO Adverse Assessment or an Interpol Notice
Additional Definitions of Substantial Criminal Record
Administrative Appeals Tribunal Review
Judicial Review of AAT Decisions
Can’t Go Behind the Conviction
The Minister’s personal decisions including those in the national interest
The mandatory cancellation regime overshadows most visa cancellation issues based on character grounds. However it may be possible to cancel a visa on character grounds for persons sentenced to imprisonment for more than year where the sentenced was either suspended or the person received immediate parole or probation. The mandatory cancellation power only comes into play when the person is ‘serving a sentence of imprisonment, on a full‑time basis in a custodial institution’.
However the other character provisions apply to refusal refusals, both on-shore and offshore.