Visa Applicant Character Consideration Unit (VACCU) | Navigating Character Concerns

Australia is known for its stringent immigration policies and places significant emphasis on character assessments during the visa application process. Ensuring national safety and security is the Australian government’s top priority, leading the Department of Home Affairs to closely examine visa applicants’ character.

This article explores the importance of character considerations in Australian visa processing, focusing on the Visa Applicant Character Consideration Unit (VACCU) and its role in evaluating character concerns.

What is the Visa Applicant Character Consideration Unit (VACCU)?

The Visa Applicant Character Consideration Unit (VACCU) is a specialised division within the Department of Home Affairs, VACCU is responsible for assessing the character of visa applicants. The primary role of VACCU is to determine if an applicant poses a risk to national security, public safety, or the integrity of the immigration system.

Who is subject to VACCU’s evaluation?

Not all visa applicants are assessed by VACCU. In general, visa applications are processed within designated sections within the Department. However, if a case officer identifies potential character concerns, they may refer the application to VACCU. Common triggers for VACCU involvement include: 

• A history of serious criminal convictions (e.g. domestic or family violence, drug trafficking and more). 

• Previous deportation or removal from a country. 

• Associations with known criminals or involvement in fraudulent activities. 
   

What is the VACCU Assessment Process? 

VACCU gathers and evaluates information from various sources, including law enforcement, immigration records, and possibly interviews with the applicant or their associates. 
 

What are the Key Factors in Character Assessment?

Character assessments are a vital element of the visa application process in Australia. The Department of Home Affairs evaluates visa applicants to ensure they meet the character requirements specified in the Migration Act 1958. Character concerns may include the following: 
 

1. Criminal Convictions Records 
   One of the initial considerations involves an applicant's criminal history. The Department conducts thorough assessments to determine if an individual has been convicted of serious offences, such as family or domestic violence, fraud, and drug-related crimes. Applicants with significant criminal records may face difficulties in obtaining visas, particularly when seeking permanent residency (PR) or citizenship. 
    

2. Security Risks Poses to the Australian Community  
   Visa applicants are also assessed for potential security risks to Australia. This includes evaluating associations with groups or individuals involved in terrorism, espionage, or other activities that may threaten national security. Identified security concerns may lead to visa refusals or cancellations. 
    

3. Applicants’ Health and Character Checks 
   Visa applicants must undergo health and character checks as part of the visa application process. These checks ensure that individuals entering Australia do not pose a risk to public health and safety. The character assessments may also involve a comprehensive review of an applicant’s background, including any history of violence or other activities deemed risky.  
    
    

Public Interest Criterion (PIC) 4020 and VACCU

Don’t lie! It is a must to disclose any criminal history when applying for a visa. Australian visa applicants must comply with the character requirements set under the Public Interest Criterion 4020 (PIC 4020). This criterion addresses the importance of providing accurate and genuine information during the visa application process. Any false or misleading information, including identity fraud or document forgery, can lead to serious consequences such as visa refusals or visa cancellations.

Potential Outcomes of VACCU Assessment

If VACCU determines an applicant poses a risk to the nation’s security, they may endorse a visa refusal. Conversely, if they find no significant risk, they may suggest a visa approval. The final decision rests with immigration officers, who will consider VACCU’s recommendations alongside other relevant factors. 
 

How long is the Processing Time, if my visa application has been referred to VACCU?

If you find yourself in similar circumstances as mentioned above and your application is taking longer than expected, it may be that your visa application has been referred to VACCU. Immigration officers may inform you in writing of this referral. The review process can take several weeks to months, and in some cases, even years, leading to potential frustrations. 
 

How Can Agape Henry Crux Help

You may wonder if your visa application is outside of the suggested timeframe, and you may have character issues, contact Agape Henry Crux and our lawyers can assist with researching cases with similar circumstances to yours which will help you avoid mistakes made by others. Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling. You can schedule an appointment with one of our immigration lawyers to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com. 

This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.