Passing the Character Test for Migration Purposes
The Department of Home Affairs may refuse or cancel a visa if the visa applicant/holder does not pass the character test. The Minister for Home Affairs, the Minister for Immigration Citizenship and Multicultural Affairs or one of their delegates, can make this decision.
As per the AAT guidelines, a person whose visa has been refused or cancelled by a delegate under section 501 can apply to the AAT to have this decision changed. The Administrative Appeals Tribunal (AAT) cannot review decisions made by the Minister personally, only decisions made by delegates.
Section 501 of the Migration Act 1958 lists a variety of reasons why someone may not pass the character test. Subsection(6) of section 501 has the full list of reasons, but examples include:
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