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SCV (Subclass 444): What is a “Behaviour Concern Non-Citizen”? australian immigration practiceCharacter testImmigrationNew Zealand

SCV (Subclass 444): What is a “Behaviour Concern Non-Citizen”?

The Special Category (Subclass 444) visa (SCV) is a free temporary visa that is granted to New Zealand citizens to remain in Australia indefinitely. Normally, New Zealand citizens can obtain this visa on arrival to Australia or if necessary and eligible, can apply while inside Australia. To be eligible for the SCV, applicants must: have a valid New Zealand passport;…
Annie Anderson
23 October, 2024
Direction 110 – Considerations if a visa is being refused or cancelled due to character australian resident visaCharacter test

Direction 110 – Considerations if a visa is being refused or cancelled due to character

On 7 June 2024, the Minister for Immigration, Citizenship and Multicultural Affairs, Hon Andrew Giles signed a new revised Direction 110 (replacing Direction 99) to commence from 21 June 2024. This Direction outlines the primary and other considerations that must be taken into account in deciding whether or not to exercise their power to refuse or cancel a person's visa. This…
Jordan Tew
13 June, 2024
Evidence is important: Tikomaimaleya v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 199 australian resident visaCancellationCharacter testJudicial Review

Evidence is important: Tikomaimaleya v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCAFC 199

The role of evidence, and providing evidence in support of submissions, is crucial in migration-related processes, including visa applications and cancellations. Brief Summary In this case, the Minister refused to revoke the mandatory cancellation of the Appellant’s visa under s 501CA of the Migration Act. One of the central bases on which the Appellant had sought revocation was because he…
Joel McComber
29 January, 2024
What happens if my visa is being considered for refusal or cancellation due to character (Direction 99) CancellationCharacter test

What happens if my visa is being considered for refusal or cancellation due to character (Direction 99)

Section 501 of the Migration Act 1958 (the Act) is a provision of Australian Immigration law that enables the Department of Home Affairs (Department) to refuse or cancel a visa, if the visa applicant (or visa holder) does not pass the “character test”. We have a separate article here, which outlines what s 501 is, the “character test” and “substantial…
Jordan Tew
22 March, 2023
What is the “Character Test”? Section 501 Character Criteria for Australian visas (updated 27 June 2024) CancellationCharacter test

What is the “Character Test”? Section 501 Character Criteria for Australian visas (updated 27 June 2024)

Section 501 of the Migration Act 1958 (the Act) is a provision of Australian Immigration law that enables the Department of Home Affairs (Department) to refuse or cancel a visa if the visa applicant (or visa holder) does not pass the “character test”. There are numerous ways with which a person could not pass the “character test”, which broadly speaking…
Jordan Tew
22 March, 2023
Case Note: Zhou and Minister for Immigration and Border Protection (Migration) [2017] AATA 2386 (27 November 2017) australian resident visaCancellationCharacter testDirection 65Immigration

Case Note: Zhou and Minister for Immigration and Border Protection (Migration) [2017] AATA 2386 (27 November 2017)

Ms Zhou (the Applicant) was the holder of a permanent Subclass 100 visa (Spouse visa). Following a police raid in 2013, she was charged with two offences of: importation of unregistered fire arms and tier 2 goods without approval and possession of unregistered fire arms and tier 2 goods without approval She pleaded guilty to the two offences on the…
admin
6 December, 2017