Further General Grounds to Fail the Character Test
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
Okay to Exhaust All Remedies
Australian Citizen Children
Offences in Immigration Detention
Involved in a Group Involved in Criminal Conduct
People Smuggling
General Character
Further General Grounds to Fail the Character Test
Sexually Based Offences Involving a Child
War Crimes
ASIO Adverse Assessment or an Interpol Notice
Additional Definitions of Substantial Criminal Record
The Minister’s Personal Power
Administrative Appeals Tribunal Review
Judicial Review of AAT Decisions
Time Limits for AAT Review
Practice Points
Can’t Go Behind the Conviction
Character References
Forensic Psychiatric Report
Those Convicted of Fraud
The Minister’s personal decisions including those in the national interest
Notes from Lorenzo
[501(6)] (d) in the event the person were allowed to enter or to remain in Australia, there is a risk that the person would:
(i) engage in criminal conduct in Australia; or
(ii) harass, molest, intimidate or stalk another person in Australia; or
(iii) vilify a segment of the Australian community; or
(iv) incite discord in the Australian community or in a segment of that community; or
(v) represent a danger to the Australian community or to a segment of that community, whether by way of being liable to become involved in activities that are disruptive to, or in violence threatening harm to, that community or segment, or in any other way; or