Changes to the Character requirements for long-term residents of Australia

A new Ministerial Direction will commence on 3 March 2023. This Direction revokes the previous Direction in relation to visa refusal and cancellation under section 501 of the Migration Act.

Under previous Direction, the strength, nature and duration of a person’s ties to Australia were considered under “other considerations” when the person was applying for a visa or citizenship or for the revocation of a previously cancelled visa.  Under the new Direction, the strength, nature and duration of a person’s ties to Australia will now be a primary consideration with the effect that these considerations should generally be given more weight by decision-makers.

The principles to be applied in these cases have also been amended as follows:

With respect to decisions to refuse, cancel, and revoke cancellation of a visa, Australia will generally afford a higher level of tolerance of criminal or other serious conduct by non-citizens who have lived in the Australian community for most of their life, or from a very young age. The level of tolerance will rise with the length of time a non-citizen has spent in the Australian community, particularly in their formative years.