Public Interest Criterion 4020 can prevent certain visas from being granted where a bogus document or information that is false or misleading in a material particular has been provided. It can relate to the current application or a visa held in the 12 months before the application was made.

The issue is not limited to what appears on the application form. Information provided to relevant immigration decision-makers, the Administrative Review Tribunal, assessing authorities or a Medical Officer of the Commonwealth may also be relevant.

Consequences can extend beyond the immediate application, including periods affecting future visa grants and, in some circumstances, members of the family unit. Identity-related findings can have particularly serious consequences. Certain PIC 4020 requirements may be waived in specified compelling or compassionate circumstances, but not all requirements are waivable.

If you are concerned about information or documents previously supplied, it is worth obtaining advice before taking further steps.

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Australia’s character requirements are complex. Public Interest Criterion 4001 is connected with the character test under section 501 of the Migration Act. Character concerns can result in visa refusal or cancellation and, in some circumstances, serious restrictions on future visa applications or return to Australia.

Not every criminal record means that a person automatically fails the character test or will be refused a visa. However, even matters that seem minor or occurred some time ago can require careful assessment. The legal test and any discretion available depend on the facts.

If you have convictions, charges or other character concerns, obtain professional advice about what must be disclosed and how the circumstances should be addressed. Do not assume that an issue is irrelevant simply because it is old or does not appear on a particular police check.

This is a complex area of migration law, and further information will be added here.

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In certain circumstances, a partner visa may still be granted even when the relationship with the sponsoring partner has ended because of family violence.

The matter does not necessarily need to have been heard in court. There are pathways for providing judicial or non-judicial evidence, but specific requirements apply to the evidence and the circumstances of the relationship.

Not every partner visa or situation is covered by these provisions. If this may apply to you, it is important to obtain advice about your eligibility, the evidence required and the steps to take before making decisions about your application.

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There are many reasons an Australian visa may be cancelled. Under Public Interest Criterion 4013, certain types of previous cancellation can lead to a three-year exclusion period. Not every cancellation triggers PIC 4013, and the exact legal ground for cancellation matters.

Examples of issues that may be associated with relevant cancellation grounds include:

• Incorrect information or identity details
• Breaching work, study or training conditions
• Non-compliance with student visa requirements
• Concerns about whether a student, temporary visitor or worker is genuine
• People smuggling
• Incorrect passenger declarations
• A visa obtained through fraud
• Certain offences or conduct raising character concerns
• Biosecurity breaches or importing prohibited goods
• Conduct affecting the health or safety of Australians, including certain forms of vilification

A three-year exclusion does not necessarily mean there are no options. Depending on the applicable criterion and your individual circumstances, a waiver may be available on specified compelling or compassionate grounds.

Before making another application, the cancellation decision and relevant visa criteria should be carefully assessed.

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Public Interest Criterion 4014 can impose a three-year exclusion period in certain circumstances where a person leaves Australia while unlawful or holding a Bridging Visa C, D or E.

The timing of your departure matters. There are important exceptions involving a 28-day period after a substantive visa ceases, as well as rules concerning when a bridging visa was granted. The precise dates and your visa history need to be checked; the 28-day rule is not the same in every situation.

If this sounds familiar, speak to me before making another application. Depending on your circumstances and the visa being sought, there may be grounds to request a waiver based on compelling or compassionate circumstances.

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Special Return Criterion 5001 can create a serious, potentially ongoing barrier to the grant of certain Australian visas.

• Deportation: A previous deportation from Australia may mean you cannot satisfy SRC 5001.
• Character-related cancellation: Certain cancellations under the character provisions can also prevent a person from satisfying SRC 5001, unless the relevant cancellation decision has been revoked or set aside as provided by law.

These consequences are not simply a standard three-year exclusion period. However, the effect depends on the exact decision, the visa being sought and whether SRC 5001 applies to that visa. It is important not to assume that every cancellation or deportation has the same outcome.

If this affects you, obtain advice before making another application.

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If you have been removed from Australia, Special Return Criterion 5002 may prevent the grant of certain visas for a period of 12 months following removal.

A waiver may be possible in circumstances permitted by the applicable visa criteria. Whether one is available depends on your individual situation.

Importantly, exclusion periods can overlap. Even if the 12-month period has ended, another exclusion period or visa requirement may still prevent a visa grant.

If you have been removed from Australia, speak to me before lodging another application so we can look at all the restrictions that may apply.

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Section 48 of the Migration Act can restrict which visa applications a person may make while in Australia.

Generally, it can affect a non-citizen who is in Australia, does not hold a substantive visa and, since last entering Australia, has had a visa refused or cancelled in circumstances covered by the provision.

The list of visas you may still apply for while in Australia is very limited. If your substantive visa has been refused or cancelled and you now hold only a bridging visa, Section 48 may apply to you.

There are exceptions and prescribed visa classes that may still be available, depending on the circumstances. Section 48 does not provide a general waiver simply because a case is compelling, so it is important to identify the exact legal options before lodging another application.

Speak to Andy about your options