To visit or stay in Australia, you must meet the character requirements outlined in section 501 of the Migration Act 1958. These requirements help determine if you are of good character.

You may not meet the character requirements if you:

• Have a substantial criminal record
• Have been convicted of a sexually based crime involving a child
• Have escaped from immigration detention or committed an offence while in or after escaping from detention
• Are or have been involved with a group or organisation suspected of criminal conduct
• Are suspected of involvement in serious international crimes or security risks
• Have a history of conduct showing you are not of good character
• Are likely to engage in criminal conduct, harass others, or be a danger to the community
• Are subject to adverse security assessments or Interpol notices related to risk to the community
• Have been convicted of a domestic violence offence or subject to a domestic violence order

If you appear to fail the character requirements, you will be given a chance to provide reasons why your visa should not be cancelled.

Cancellation of your visa might bar you from making further visa applications. It may prevent you from being granted certain visas to travel to, enter or stay in Australia.

If you do not meet character requirements, the Minister or a delegate can refuse your application or cancel your visa.

To decide if you meet character requirements, we consider a variety of matters, including:

• the protection of the Australian community
• the best interests of any children in Australia
• Australia’s international legal responsibilities
• the impact of visa refusal or cancellation on your family in Australia
• any impact on Australian business and community interests

Character decisions require consideration of a range of factors. When making a decision, departmental delegates refer to a Ministerial Direction. This sets out the considerations they must balance when considering whether to refuse or cancel someone’s visa on character grounds.

If you have had a visa refused or cancelled on character grounds since you last arrived in Australia the only visa you can apply for is a Protection visa.

If we remove you from Australia on character grounds, you may have difficulty satisfying the character requirements when applying for another visa to re-enter Australia.

By law, we must cancel your visa if you are serving a sentence in a prison full-time for an Australian crime, and you have:

• been sentenced to death, imprisonment for life or imprisonment for longer than a year.
• been convicted of a sexually based crime involving a child by an Australian or foreign court.
• had a charge proven for a sexually based crime involving a child, even if you were discharged without conviction.
• been found guilty of a sexually based crime involving a child, even if you were discharged without conviction.

If we must cancel your visa, you have 28 days to request revocation of the cancellation. Revocation of the cancellation decision would have the effect of restoring your visa.

If you are found to be involved in paying for visa sponsorship, your visa may be subject to cancellation. However, each case is considered individually, taking into account various factors such as whether you initiated or were complicit in the payment, and your intent in coming forward (e.g., as a whistle-blower or providing information).

In cases where payments were made due to threats or exploitation (e.g., human trafficking or slavery), we may not cancel your visa. It is important to provide all relevant information if this applies to you.

You will have an opportunity to present reasons why your visa should not be cancelled, including evidence of your ties to Australia and your contributions to the Australian community.

Your student visa may be cancelled if you are no longer enrolled in a registered course. Your enrolment is considered to end when you complete the course, even if this is before the end date on your Confirmation of Enrolment.

After completing your course, you typically have 3 months to depart Australia or apply for another visa, depending on your enrolment arrangement.

There are several situations where we may cancel your visa:

1. If you complete the course for which your student visa was granted and do not leave Australia or apply for a new visa within 3 months.
2. If you have changed courses since your visa was granted, and your new Confirmation of Enrolment for your principal course has an earlier end date, and you do not leave Australia or apply for a new visa within 28 days of completing the course.
3. If you are studying more than one course on your visa (course packaging) and finish a course early, resulting in a gap between courses of more than 2 months (except if this gap occurs between the end of an academic year and the beginning of a new academic year).

Before cancelling your visa, we will consider various factors, including if you legitimately finished the course early, have a good academic record, and if it is reasonable to expect you to enrol in another course during the course gap.

Your visa may also be cancelled if you are non-compliant with any other student visa conditions.

It is crucial to declare certain food, plant material, and animal items from overseas to prevent the introduction of serious pests and diseases into Australia, which could harm our agriculture, tourism industries, and unique environment.

The Minister has the authority to cancel some visitor, student, and work visas at immigration clearance if you:

1. Fail to meet the requirements to answer questions about goods on your incoming passenger card.
2. Do not follow directions given by a Biosecurity officer regarding goods or baggage.
3. Provide false or misleading information or documents to a Biosecurity officer.

If your visa is refused or cancelled, you may be eligible to apply for a review of the decision, except if the Minister personally made the decision, in which case there is no appeal process.

The Administrative Appeals Tribunal (AAT) conducts independent merits reviews of departmental decisions, including visa cancellations. There are strict time limits for appeals, and you must apply in writing within the specified period.

If you believe the refusal or cancellation decision was not made lawfully, you can seek judicial review. It’s advisable to seek assistance from a registered migration agent or obtain independent legal advice regarding your immigration status.