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April 2017

Potts Lawyers > 2017 > April

Cancellation of visas for those who commit crimes in Australia

Non-citizens: Can I remain in Australia if I have a criminal conviction? For non-citizens, including permanent residents and special category visa holders (New Zealanders), having a criminal conviction may lead to deportation or involuntary removal from Australia. A criminal conviction (even if no conviction is recorded) may also affect those on work or travel visas. What is the “character test”? Section 501(3A) of the Migration Act 1958 (Cth) states that the Minister must cancel a visa that has been granted to a person if the person does not pass the “character test”. A person will fail the character test if: the person has a “substantial criminal record”...

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