What are the Common Reasons Leading to a VACCU Referral?
So, you have recently applied or planning to apply for an Australian Visa, and you are worried about meeting the character requirement. You may wonder if your visa may be refused or referred to the Visa Applicant Character Consideration Unit (VACCU). However, what are the common reasons that the case officers at the Department of Home Affairs refer a visa application to VACCU?
The basics – We understand that a visa application referred to VACCU is due to the visa applicant having a character issue or criminal charges on their record and not meeting the character requirement. However, what character issue determines whether the visa application is referred to VACCU? The Department of Home Affairs (DoHA) refers cases to VACCU when any of the following character-related issues arise:
What are the Common Reasons for a VACCU Referral:
The Applicant has a Criminal Record:
A substantial criminal record, such as one or more prison sentences totalling 12 months or more.
Additionally, having several convictions or major offences, such records can encompass a wide range of crimes, from minor infractions to serious offences, regardless of imprisonment length, indicating a significant level of criminal involvement.
They reflect a troubled history with the law and may potentially not meet the character requirement, and their visa application is highly possible to be referred to VACCU.
The Applicant has Association with Criminal or Threatening Groups:
Evidence suggests involvement with various groups or individuals who are engaged in organised crime, terrorism, or other unlawful activities.
If the applicant is involved in such activities, they could pose serious security risks and undermine public safety, which could lead to a visa cancellation, refusal, or referral of the visa application to VACCU.
The Applicant has Previous Visa Refusal or Cancellation:
A record of visa applications refused or existing visa cancellations due to character issues. This includes information about the applicant’s personal history that may influence these decisions, for example, past criminal engagements or visa condition breaches.
If the applicant has multiple visa refusals or cancellations related to the character on their immigration history record, DoHA will carefully monitor the applicant. DoHA may refer the applicant’s visa application to VACCU to assess the applicant's overall suitability for future visa applications, taking into account not only the previous refusals but also any potential risks to the Australian community.
The Applicant has Induced Public Safety Concerns:
Behaviour indicating a potential risk to the Australian community encompasses a range of actions, including but not limited to violent tendencies, harassment, and other detrimental behaviours that could lead to physical or psychological harm to individuals or groups. This includes aggressive outbursts, threats of violence, stalking, bullying, and any conduct that fosters fear or creates a hostile environment.
DoHA will be very strict in this area, especially with the new Ministerial Direction No. 110, in which the Department prioritises the protection of the Australian community, hence the decision for a VACCU referral.
The Applicant is Dishonest or Misrepresented:
Providing false or misleading information in the individual’s visa application or related documents. By doing so, the visa application may be refused or cancelled under the provisions of Public Interest Criteria (PIC) 4020. It is extremely important for applicants to be honest and transparent with all of their information to avoid serious repercussions.
The Applicant has Adverse Information from International Sources or Australian Authorities:
Law enforcement, immigration authorities, or intelligence agencies have flagged the applicant's information regarding activities that may compromise Australia's laws or security.
The Applicant is in Noncompliance with Immigration Conditions:
If the applicant has a recorded history of past violations regarding visa conditions, including instances of evasion or noncompliance with DoHA, it raises significant concerns about their reliability and adherence to immigration regulations. Such a record may indicate a pattern of behaviour that could affect their future eligibility for visa approval.
The Applicant Do Not Meet Australia’s Character Requirement:
Your conduct, associations, or history raise general concerns, suggesting that you may not meet Australia's character standards.
How Can Agape Henry Crux Help
If you're facing character challenges and intend to submit an application for an Australian visa, we highly suggest 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.
