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Visa applicant character consideration
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Document 1
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Character assessments and visa cancellations > Visa applicant character
consideration
Visa applicant character consideration
On this page:
• Determining whether a section 501 assessment is appropriate
• How to refer a client to VACCU
• Who to refer
• Further assistance
• Contact us
The character consideration of a visa applicant is managed by the Visa
Applicant Character Consideration Unit (VACCU). The VACCU is a unit
within the National Character Consideration Centre (NCCC).
Determining whether a section 501 assessment is appropriate
A non-citizen's conduct may fall within the scope of the character test but
this does not necessarily mean the case requires s501 consideration in
the first instance. In view of the serious consequences for the client of a
decision under s501, visa refusal under s501 should only be considered
where other possible approaches have been ruled out.
A visa application should be assessed according to the 'core' Schedule 2
criteria for the visa before refusal under s501 is considered. For example,
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where a visa applicant provides fraudulent documentation in relation to a
visa application, their visa application should, where possible, be refused
on the basis that they are unable to demonstrate that they pass the
relevant visa criteria, rather than under s501.
How to refer a client to VACCU
1. Complete relevant referral minute under the 'Who to refer' section
below.
2. Scan the client's penal any other information relevant to s501
consideration.
Note: Referring officer must sight client's original penal clearance
certificate.
3. Attach the scanned documents and the referral minute in an email to
xxxxx@xxxxxxxxxxx.xxx.xx. You are not required to send the hard copy
file.
Who to refer
A visa applicant should be referred to VACCU if the
following circumstances are present.
Applicant circumstance
Action required
Refer to VACCU for
Substantial Criminal Record: Section 501
consideration under s401
(6)(a)
of the Migration Act 1958,
a substantial criminal record as defined by
using the s501(6)(a) -
s501(7):
Substantial Criminal
Record form (43KB
• the person has been sentenced to death
DOCX).
• the person has been sentenced to
imprisonment for life
Refer to PAM3: Act -
• the person has been sentenced to a
Character –s501- The
term of imprisonment of 12 months or
character test, visa
more (a suspended sentence is
refusal and visa
considered a prison sentence)
cancellation.
• the person has been sentenced to 2 or
more terms of imprisonment, where the
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total of those terms is 12 months or
more
• the person has been acquitted of an
offence on the grounds of unsoundness
of mind or insanity, and as a result the
person has been detained in a facility or
institution.
• the person has:
◦ been found by a court to not be fit to
plead, in relation to an offence
◦ the court has nonetheless found that
on the evidence available the person
committed the offence, and
◦ as a result, the person has been
detained in a facility or institution.
Refer to VACCU for
Immigration Detention related criminal
consideration under s501
convictions: Sections 501(6)(aa), 501 (6)(ab) of the Migration Act 1958,
using the s501(6)(aa)(ab) -
The applicant has been convicted of an offence
Immigration Detention
that was committed:
Offences form (42KB
DOCX).
• while the applicant was in immigration
detention
• during an escape by the person from
immigration detention
• after the person escaped from
immigration detention but before the
person was taken into immigration
detention again, or
• the applicant has been convicted of
escaping from immigration detention.
Refer to VACCU for
Association and membership: Section 501 consideration under s501
(6)(b)
of the Migration Act 1958,
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The Minister reasonably suspects that the
using the s501(6)(b) -
applicant has been or is a member of a
Association form (43KB
group or organisation, or has had or has an DOCX).
association with a group, organisation or
person and that group, organisation or
person has been or is involved in criminal
conduct.
Note: Evidence must be provided that
clearly indicates the nature of the
applicant's association with the identified
person, group or organisation and the
degree, frequency and duration of the
association. Failure of this limb of the
character test does not require the
applicant to have been sympathetic with,
supportive of, or involved in the criminal
conduct of the group or organisation.
People smuggling, human trafficking,
Refer to VACCU for
international crimes: (Sections 501(6)(ba)
consideration under s501
and (f)
of the Migration Act 1958,
using the s501(6)(ba) and
Where a person has been charged or indicted with
(f) - people smuggling
one or more of the following, or there is
human trafficking
reasonable suspicion that the applicant has been
international crimes form
involved in:
(46KB DOCX).
• people smuggling
• people trafficking
• the crime of genocide
• a crime against humanity
• a war crime
• a crime involving torture or slavery
• a crime that is otherwise of serious
international concern.
Consider advice provided in Ministerial Direction
65 for further information.
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Conduct: Section 501(6)(c) Having regard to Consider advice provided
either or both of the following to determine in Ministerial Direction 65
the character of the applicant:
(437KB PDF). You can
refer to VACCU for
• the person's past and present criminal
consideration under s501
conduct
of the Migration Act 1958
• the person's past and present general
using the s501(6)(c)(i) and
(i ) - Past and present
conduct.
criminal or general
conduct form (43KB
DOCX).
Unacceptable Risk: Section 501(6)(d)
Consider advice provided
in Ministerial Direction 65
In the event the person were allowed to enter or to
(437KB PDF). You can
remain in Australia, there is a risk that the person
refer to VACCU for
would:
consideration under s501
of the Migration Act 1958
• engage in criminal conduct in Australia
using the s501(6)(d)
• harass, molest, intimidate or stalk
Unacceptable risk form
another person in Australia
(43KB DOCX).
• vilify a segment of the Australian
community
• incite discord in the Australian
community or in a segment of that
community, or
• 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.
Sexually based offences involving a child: Refer to VACCU for
Section 501(6)(e)
consideration under s501
of the Migration Act 1958
A court in Australia or a foreign country has
using the s501(6)(e) -
convicted the applicant of one or more sexually
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based offences involving a child, or found the
child sex offences form
applicant guilty, or found a charge proven against
(40KB DOCX).
the applicant for such an offence.
• A conviction, charge proven or finding of
guilt relating to persons under the age of
18 and including but not limited to:
◦ child sex offences, child abuse,
possession/distribution of child
pornography, solicitation or grooming
of a minor, incest, indecent dealings
with children, and other non-contract
carriage offences.
• Charges which have been acquitted or
are yet to be resolved
Adverse Security Assessments: Section
Consider advice provided
501(6)(g)
in Ministerial Direction 65
(437KB PDF). You can
The applicant has been assessed by the
refer to VACCU for
Australian Security Intelligence
consideration under s501
Organisation (ASIO) to be directly or
of the Migration Act 1958
indirectly a risk to security (within the
using the s501(6)(g)and(h)
meaning of section 4 of the Australian
- ASIO assessment
Interpol notice form
Security Intelligence Organisation Act 1979)
(40KB DOCX).
and PIC 4002 is not a criterion of the visa
the applicant has applied for.
Note: Protection visa applicants who have
been issued with an adverse security
assessment can be refused under section
36(1B) of the Act and do not need to be
referred to VACCU.
Interpol notices: Section 501(6)(h)
Consider advice provided
in Ministerial Direction 65
(437KB PDF). Refer to
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An Interpol notice in relation to the applicant, from  VACCU for consideration
which it is reasonable to infer that the person
under s501 of the
would present a risk to the Australian community
Migration Act 1958 using
or a segment of that community, is in force.
the s501(6)(g)and(h) -
ASIO assessment Interpol
notice form (40KB DOCX).
PIC 4001 assessments
Consider advice provided
in Ministerial Direction 65
• Eligible New Zealand citizen sponsors
(437KB PDF). You can
who may not satisfy PIC 4001
refer to VACCU for
• Non-migrating dependants who are
consideration, using the
required to satisfy PIC 4001 where there  PIC4001 form (44KB
is evidence to suggest they may not.
DOCX).
PIC 4016 and 4018 and Regulation 1.20KB
Consider advice provided
in PAM3: Div 1.4 - Form
Australian citizen, Australian permanent resident
40 sponsorship -
or eligible New Zealand citizen sponsors of minor
Protection of children -
visa applicants for child, partner and extended
Sponsors of concern. The
eligibility category visas who have:
NCCC requests that
• a conviction or outstanding charge/s
urgent or critical cases
relating to persons under the age of 18
are signed off by the
and including but not limited to child sex  PMO or EL1 of the visa
offences or child abuse, including
processing area. See also
possession of child pornography
Referral for applications
with sponsor of concern
• any conviction for sex offences against
an adult that resulted in a sentence of
(50KB DOCX).
imprisonment (for example, rape,
You can also use the
indecent assault) or any outstanding
Request for comment
charges for sex offences against an adult checklist (69KB DOCX).
• other criminal convictions that you
consider may constitute a compelling
reason to believe that the grant of the
visa would not be in the best interests of
a minor applicant.
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The NCCC requests that urgent or critical cases are signed off by the PMO
or EL1 of the visa processing area.
Further assistance
The VACCU does not provide pre-referral assessments. If unsure, you can
refer to the VACCU using the appropriate template provided or contact
xxxxxxxxxxxx.xxxxxxx@xxxxxxxxxxx.xxx.xx.
Contact us
To contact VACCU:
• Phone: +61 3 8682 2466 (overseas) or 1300 835 524 (in Australia)
• Email: xxxxx@xxxxxxxxxxx.xxx.xx
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