Understanding VACCU Referrals: The Risks of Character Records in Visa Applications
If you have recently been informed that your Australian visa application has been referred to VACCU, which is the Visa Applicant Character Consideration Unit (VACCU). Here’s a breakdown of what is happening with your visa application and how VACCU works.
Why is my visa application referred to VACCU?
Your visa application has likely been referred to the Visa Applicant Character Consideration Unit (VACCU) because there are potential concerns about whether you meet the character requirements under Section 501 of the Migration Act 1958. A VACCU referral does not automatically mean your visa will be refused; it’s an opportunity for further assessment. However, the process can delay your visa application and, in some cases, lead to unlawful status if your current visa or bridging visa expires during the assessment.
What happens to my visa application if it has been referred to VACCU?
If your visa application has been referred to VACCU, here's what can happen:
VACCU Assessment:
VACCU will collect and assess data from multiple sources, including law enforcement, immigration records, and possibly interviews with you or your associates.
They will assess your character based on factors such as criminal convictions, security risks, health, and adherence to the Public Interest Criterion (PIC) 4020.
Potential Outcomes:
If VACCU determines you pose a risk to the nation's security, they may endorse a visa refusal.
If VACCU finds no significant risk, they may suggest a visa approval.
Final Decision:
The immigration officers make the final decision on your visa application. They will consider VACCU's recommendations and other relevant factors.
Delays:
The VACCU assessment process can significantly delay the processing of your visa application, sometimes taking several weeks, months, or even years.
If the immigration officer is considering refusing your visa based on the VACCU assessment, you will be issued a Notice of Intention to Consider Refusal (NOICR) and given an opportunity to respond.
Review Rights:
If your visa is ultimately refused or cancelled based on the VACCU assessment, you could have the option to request a review of the decision via the Administrative Review Tribunal (ART) or the courts.
The important note is for you to be prepared for a longer processing time, engage proactively with the process, and seek professional legal assistance if needed to ensure your matter is fully considered.
What Should You Do Next?
Review the Notification:
If the Department has issued a notice regarding your VACCU referral, carefully read the details to understand the reasons for the referral.
Provide a Response:
VACCU may invite you to provide additional information to address their concerns.
Submit evidence supporting your character, such as criminal clearance certificates, character references, or evidence of rehabilitation, if applicable.
Seek Professional Advice:
Referrals to VACCU are complex and can lead to visa refusal. Consider engaging an Accredited Specialist in Immigration Law to guide you through the process and strengthen your case.
Respond Timely:
Ensure all requested information or responses are provided within the specified deadline to avoid unnecessary delays or negative outcomes.
How Can Agape Henry Crux Help
If you have character issues and plan to apply for an Australian visa, it is best that you seek professional assistance before applying, and you can contact Agape Henry Crux. Our lawyers specialise in circumstances similar to yours. 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.
