Character Test: Insights into VACCU’s Decision-Making Process for Your Visa Application
The character test is a key requirement that visa applicants and visa holders must meet if they wish to remain in Australia. If you are suspected of failing the character test, you will likely be referred to the VACCU, which will decide whether you meet the character requirements.
What is the VACCU?
The Visa Applicant Character Consideration Unit (VACCU) is a unit within the National Character Consideration Centre (NCCC) that is responsible for managing the character considerations of visa applicants. Cases involving serious character concerns will be referred to the VACCU for a decision.
How does the VACCU decide?
Policy guidelines dictate the various considerations that the VACCU will need to take into account when making a decision. Ministerial Direction 110 is the latest policy document relating to the character test, replacing Ministerial Direction 99 in June 2024.
What is Ministerial Direction 110?
Ministerial Direction 110 outlines the various factors that a decision-maker must examine when deciding whether to refuse or cancel a visa under Section 501. Significant emphasis has been placed on the protection of the Australian community compared to Ministerial Direction 99, placing it as the paramount consideration above the other primary considerations.
The new policy direction also highlights the gravity of family and domestic violence, indicating that even strong countervailing considerations may not be enough to prevent a refusal or cancellation. Compared to Ministerial Direction 99, less weight has been placed on the extent of an individual’s ties to and length of time spent within the Australian community.
What are the primary considerations?
The policy direction involves 5 main primary considerations that must be taken into account by the VACCU, with the first being the most important.
Protection of the Australian community
Family violence being committed
Strength, nature and duration of ties to Australia
Best interests of minor children in Australia
Expectations of the Australian community
As part of determining whether the Australian community will be protected, the VACCU will consider whether you have been law-abiding and the risk of harm that you pose to others. The nature and seriousness of any past offending will be relevant, with a particular focus placed on violent or sexual crimes, including family violence.
When considering the strength and duration of a person’s ties to Australia, the weight given to this consideration will be affected by whether they started offending after arriving in Australia and the time that they have spent contributing positively to the community.
The consideration of community expectations is essentially directed towards conduct that is deemed unacceptable within Australian society. Examples of acts that are contrary to the expectations of the Australian community include:
Causing a person to enter into a forced marriage
Serious crimes against women, children or vulnerable persons
Crimes against government or public officials
Human trafficking
Worker exploitation
What else does the VACCU consider?
The VACCU must also consider the legal consequences of a decision, the difficulties or impediments a person may face if removed from Australia to their home country, and any potential impacts on Australian business interests. Factors such as non-refoulement obligations and a person’s age and health are relevant considerations in this regard.
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How Can Agape Henry Crux Help
For any character concerns and questions, seek professional assistance before you take any action. Contact Agape Henry Crux, our Accredited Specialist in Immigration Law who specialises in circumstances similar to yours. 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.
We speak fluent English, Mandarin and Cantonese. If this isn’t your language, we can also help you arrange an interpreter.
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.
