As well as the criteria for approval of specific visas, such as whether you meet the English requirements for a skilled visa, character requirements apply to all visas. Character criteria also apply when a citizenship application is considered in some cases. Anyone who enters Australia must be of good character. The Department of Immigration and Border Protection has a wide scope of what they can consider and investigations they can take in relation to character criteria and, as a result, it can be important to seek advice and guidance from an Immigration lawyer before making an application for any visa to Australia.
For current visa holders, both temporary and permanent, character criteria can be a reason for cancellation of your visa and therefore the right to live in Australia. The Minister can personally exercise the cancellation powers without natural justice requirements applying, which means your visa could be cancelled without giving you the opportunity to respond to any allegations made against you. If a delegate employed by the Department of Immigration and Border Protection is making the decision, then natural justice must apply and you must have the opportunity to provide evidence in reply to what you are alleged to have done.
In some cases, the visa must be refused or cancelled, and in some cases the visa may be refused or cancelled. Advice about which applies to your matter is important as it can be highly relevant to ensuring the best possible outcome for you.
If you have a dispute or require litigation assistance with the character criteria, it is highly important that you consult with a skilled Immigration Lawyer to ensure that you can get the best outcome possible and be fully aware of how it may apply to you. Please note that we do not assist with Visa Applications and that we focus on Visa disputes and litigation.
If you would like further information or wish to discuss your Immigration dispute matter with us, please do not hesitate to contact us by telephone on (02) 9233 4048 or by email to info@navado.com.au.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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If you require assistance with a matter, you should make an appointment to see one of our Lawyers in one of the following locations:
- Sydney