What is the character test?
Under section 501(6) of the Migration Act, a person does not pass the character test if they fall within any of the grounds specified in sub-sections 501(6) (a) to (d). These grounds can be grouped into four broad categories: • substantial criminal record • association with criminal conduct • past and present criminal or general conduct • significant risk of particular types of future conduct.[6] Each of these categories is discussed briefly below. Further guidance on the interpretation and application of these grounds is contained in Ministerial Direction No. 41, which commenced on 15 June 2009.[7] This replaced Ministerial Direction No. 21, which had been in place since August 2001.[8] Ministerial Direction No. 41 applies to visa cancellation decisions made by DIAC officers under section 501.[9] It does not apply to decisions made by the Minister personally – the Minister may refer to the Direction, but is not obliged to follow it.
