Character Test

About Our Client

As with any visa application, you must meet certain “time of decision” criteria. One of these is the “Character Test”. That is, a visa applicant must be of good character and free from criminal convictions, crimes against the state or crimes against humanity.

• 
  Michael
  Walker

The Problem

Our client, a European Citizen, was applying for permanent residency through the Regional Sponsored Migration Scheme (RSMS). His visa was processing smoothly until he provided a police clearance certificate from his home country. The certificate indicated that he had been convicted of two serious drug-related offences seven years previously. Even though a 20-month prison sentence was wholly suspended by the relevant court, it was likely that he would not pass the character test. The Department of Immigration and Border Protection issued a notice of intention to refuse the visa application.

The Solution

We researched and provided comprehensive written submissions in support of the application, outlining why the powers under Section 501 of the Migration Act should be waived in this case.

The case was considered by the Department of Immigration and Border Protection National Office in Canberra. While the process took a long time, our client’s application was ultimately successful and he was granted a visa.