Document ID: chunk:federal_register_of_legislation:C2006C00048:clause:1_501:p1
Version: federal_register_of_legislation:C2006C00048
Segment Type: clause
Provision Reference: sch 1 cl 501 (pt 1/3)
Character Range: 13281–15918

501  Refusal or cancellation of visa on character grounds

Decision of Minister or delegate—natural justice applies

 (1) The Minister may refuse to grant a visa to a person if the person does not satisfy the Minister that the person passes the character test.

Note: Character test is defined by subsection (6).

 (2) The Minister may cancel a visa that has been granted to a person if:
 (a) the Minister reasonably suspects that the person does not pass the character test; and
 (b) the person does not satisfy the Minister that the person passes the character test.

Decision of Minister—natural justice does not apply

 (3) The Minister may:
 (a) refuse to grant a visa to a person; or
 (b) cancel a visa that has been granted to a person;
if:
 (c) the Minister reasonably suspects that the person does not pass the character test; and
 (d) the Minister is satisfied that the refusal or cancellation is in the national interest.

 (4) The power under subsection (3) may only be exercised by the Minister personally.

 (5) The rules of natural justice, and the code of procedure set out in Subdivision AB of Division 3 of Part 2, do not apply to a decision under subsection (3).

Character test

 (6) For the purposes of this section, a person does not pass the character test if:
 (a) the person has a substantial criminal record (as defined by subsection (7)); or
 (b) the person has or has had an association with someone else, or with a group or organisation, whom the Minister reasonably suspects has been or is involved in criminal conduct; or
 (c) having regard to either or both of the following:
 (i) the person's past and present criminal conduct;
 (ii) the person's past and present general conduct;
  the person is not of good character; or
 (d) in the event the person were allowed to enter or to remain in Australia, there is a significant risk that the person would:
 (i) engage in criminal conduct in Australia; or
 (ii) harass, molest, intimidate or stalk another person in Australia; or
 (iii) vilify a segment of the Australian community; or
 (iv) incite discord in the Australian community or in a segment of that community; or
 (v) 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.
Otherwise, the person passes the character test.

Substantial criminal record

 (7) For the purposes of the character test, a person has a substantial criminal record if:
 (a) the person has been sentenced to death; or
 (b)