Abstract
1. S 501 provides that a person’s visa may be cancelled if the minister considers they have failed to pass the character test (subsection 501 (2)). The requirements of the test are set out in ss 501 (6). If the person has been sentenced to a term of imprisonment of 12 months or more, this constitutes a ‘substantial criminal record’, which can trigger ministerial refusal (ss 501 (7)). Factors for the more general category of ‘future risk to Australian citizens’, which can be taken into account when exercising this discretion, are past and likely future conduct of the individual concerned, whether strictly criminal or merely reflecting on that person’s ‘good character’; and past or likely future response of the Australian community, or some sector of the community, to that person’s presence in Australia.
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