The Department of Immigration can refuse your visa application or cancel your visa if they find that you fail the character test. You will fail the character test if you have committed a serious criminal act or have been involved in activities that reflect negatively on you as a person.
In July 2012, the Minister published new guidelines on character cases which make it easier for the Department to refuse visa applications or cancel visas on character grounds. This makes it even more important to seek expert advice and assistance if your character is an issue.
The consequences of a negative character decision are very serious. If you are in Australia you will be placed in immigration detention before being removed. Once removed, or if you are outside Australia already, it is likely that you will never be able to return. Our registered migration agents can assist you by obtaining evidence, arranging for expert reports where necessary and drafting comprehensive submissions that explain why your visa application should not be refused or your visa cancelled.
You usually only have a very limited time to explain why your visa application should not be refused or your visa cancelled. If you think you are facing a visa cancellation contact us now. You can challenge decisions to refuse your visa application or cancel your visa on character grounds in the Administrative Appeals Tribunal. Strict time limits apply for you to lodge a case in the AAT.
In some cases it is possible to still obtain a visa if you can prove that the costs associated with your treatment, while significant, will not be undue. In September 2012 the Department's guidelines defined “significant cost” as more than $7, 000 per year. Treatment associated with even non-serious medical conditions will often cost more than $7,000 per year. It is therefore very easy to fail the health requirement.
Medical assessments are carried out by the Medical Officer of the Commonwealth (MOC) and the Department of Immigration must accept their assessment as correct unless it is not a valid opinion. If the opinion is not valid it may be challenged. It is very important that your representative understands migration law and the (often complicated) medical evidence associated with these matters.
If your visa application has been refused because you do not satisfy the health criteria you can challenge that decision in the Administrative Appeals Tribunal. Strict time limits apply for you to lodge a case in the AAT.
If you have a medical condition and are concerned that you may not satisfy the health requirement please contact us now.