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[quote]江北 发表于 2013-12-2 20:47 
Fact Sheet 79 - The Character Requirement
On this page
The character test
Substantial criminal records
Conduct of persons in immigration detention
Discretionary powers and Ministerial Direction 55
Exclusion from Australia
Appeals
All non-citizens, including sponsors of visa applicants and non-migrating family members seeking to enter or stay in Australia, must satisfy the character requirement set out in Section 501 of the Migration Act 1958.
The character requirement is usually linked to the class of visa being applied for through Public Interest Criterion (PIC) 4001. The test puts the onus on the person to show they are of good character.
The Migration Act 1958 contains powers that enable the Minister for Immigration and Border Protection or the Department of Immigration and Border Protection to refuse or cancel a visa on the basis that a person does not pass the character test.
Decisions to cancel or refuse visas on the basis of the character test are made after full consideration of all the circumstances of the case and with reference to Ministerial Direction 55. Where the minister personally makes a decision to refuse or cancel a person's visa, he or she is not bound by the ministerial direction.
The character test
A person will not pass the character test where:
they have a substantial criminal record
they have been convicted of any offence that was committed while in immigration detention, during an escape from immigration detention, during a period where a person escaped from immigration detention, or if the person has been convicted of the offence of escaping from immigration detention
they have, or have had, an association with an individual, group or organisation suspected of having been, or being, involved in criminal conduct
having regard to the person's past and present criminal conduct, the person is found not to be of good character
having regard to the person's past and present general conduct, the person is found to be not of good character
there is a significant risk that the person will engage in criminal conduct in Australia, harass, molest, intimidate or stalk another person in Australia, vilify a segment of the Australian community, or incite discord in the Australian community or in a segment of that community, or represent a danger to the Australian community or a segment of that community.
See: Fact Sheet 78 - Controversial Visa Applicants
Substantial criminal records
A person is deemed to have a substantial criminal record if they have been:
sentenced to either death or life imprisonment
sentenced to a term of imprisonment for 12 months or more
sentenced to two or more terms of imprisonment (whether on one or more occasions), where the total of those terms is two years or more
acquitted of an offence on the grounds of either unsoundness of mind or insanity and, as a result, the person has been detained in a facility or institution. |
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