What is the Character Test?
Section 501 of the Migration Act requires visa applicants and holders to pass a character test. The Minister can refuse or cancel a visa on character grounds. This applies to all visa types and can affect people at any stage — from application to after arriving in Australia. The character test is a critical requirement that many applicants underestimate.
What Fails the Character Test?
You may fail if you: have a substantial criminal record (12+ months imprisonment), have been convicted of sexually-based offences, have been found guilty of a crime while in immigration detention, have been assessed by ASIO as a security risk, or have been associated with groups involved in criminal conduct. The Minister also has broad discretion to refuse on character grounds even without a criminal conviction if there is a risk of future criminal conduct.
Criminal Record Considerations
Minor offences (traffic fines, minor theft) generally don't fail the character test but should still be disclosed. More serious offences require careful assessment. Convictions that resulted in prison sentences (even suspended) are more problematic. Spent convictions laws may help in some cases — old convictions may not need to be disclosed depending on the jurisdiction and conviction type.
Getting Police Checks
AFP (Australian Federal Police) national police check: apply at afp.gov.au, costs $42, takes 1-10 business days. Chinese police check: apply through your local Public Security Bureau or Chinese embassy in Australia. Processing 2-6 months. Other countries you've lived in for 12+ months: obtain police checks from each. Plan well ahead — some countries take months to issue police clearances.