How Criminal Offences Can Impact Your Visa or Immigration Status
Australia maintains strict immigration laws, and one of the most significant concerns for visa holders or applicants is the impact of criminal offences. Even minor criminal convictions can affect your immigration status, leading to visa refusal, cancellation, or even deportation. Understanding how Criminal Law interacts with immigration is crucial for anyone living in or moving to Australia.
The Character Test and Visa Eligibility
Under section 501 of the Migration Act 1958, all visa applicants and holders must pass the “character test”. A criminal offence may cause an individual to fail this test, leading to visa cancellation or refusal.
You may fail the character test if:
You have a substantial criminal record (sentenced to 12 months or more imprisonment).
You are found to be associated with persons or organisations involved in criminal conduct.
The Minister believes you may pose a risk to the Australian community.
Even if a conviction is considered minor under Criminal Law, immigration authorities may still view it as grounds for refusal or cancellation if it raises concerns about your character.
Criminal Records and Visa Applications
When applying for a visa, you must disclose any criminal history. Failing to do so can result in automatic refusal. Immigration authorities typically request police clearance certificates from every country where you have lived for more than 12 months.
Some offences that can trigger immigration consequences include:
Drug offences (possession, trafficking, or importation)
Repeat minor offences that suggest a pattern of unlawful behaviour
While Criminal Law courts may impose a sentence considering rehabilitation and proportionality, immigration law applies a much stricter standard with community safety as its priority.
Visa Cancellation for Criminal Convictions
If you are already in Australia on a temporary or permanent visa and receive a conviction, your visa may be cancelled. This is particularly likely if:
You are sentenced to more than 12 months’ imprisonment.
You have multiple convictions with an aggregate sentence of 12 months or more.
You are considered a danger to the community.
A visa cancellation often leads to immigration detention and potential deportation. Once deported, you may be permanently banned from re-entering Australia.
Deportation and Immigration Status
Non-citizens convicted of crimes can face removal from Australia. Even permanent residents are not immune. If your visa is cancelled due to criminal behaviour, you may be detained and removed, regardless of how long you have lived in the country.
The Australian government takes community protection very seriously, and Criminal Law offences carry immigration consequences that can alter your entire future.
Appealing a Visa Refusal or Cancellation
If your visa has been refused or cancelled due to a criminal conviction, you may be able to appeal the decision through:
The Administrative Appeals Tribunal (AAT), which can review the decision.
Ministerial intervention, where the Minister may exercise discretion in exceptional cases.
Judicial review, if there are legal errors in the decision-making process.
However, time limits for appeals are very strict. Seeking immediate legal advice is essential.
Interaction Between Criminal Law and Immigration Law
Criminal and immigration proceedings are separate. A person may serve their criminal sentence under Australian Criminal Law but still face immigration consequences afterwards.
For example, someone convicted of drug possession may receive probation rather than imprisonment. Yet, immigration authorities could still cancel their visa if the offence is considered serious enough to fail the character test.
This dual impact makes it vital for visa holders and applicants to understand both legal systems and seek professional advice early.
At New South Lawyers, our experienced team understands the complex link between Criminal Law and immigration in Australia. Whether you are applying for a visa, facing charges, or appealing a cancellation, we are here to protect your rights and guide you through every step.
