I’ve Been Involved in a Protest; How Will this Affect My Visa Application?
If you have been involved in a protest in the past, it may negatively impact your visa application. Although the act of protesting itself is not problematic, if you have been involved in a violent protest, this may be a reason to refuse your visa.
Why the Character Test is relevant?
As part of almost every visa application, you will need to prove that you are of good character by passing what is called the Character Test. You will often be required to provide police checks to show that you do not have a substantial criminal record and that you have not been involved in serious criminal conduct.
Your general conduct and any potential risks that you pose to the Australian community will also be relevant in determining whether you pass the character test. If you do not meet these requirements, you may still be granted a visa, although it will be significantly more difficult.
Relevance of past and present conduct
The exact nature of your involvement in a protest will be relevant to assessing whether your past and present conduct indicate a lack of good character. For example, being involved in a peaceful, nonviolent protest likely wouldn’t impact a visa application.
However, as can be seen in the case of Adekoya, where the visa applicant was involved in a violent resistance group and had killed informants, resulting in human rights violations, more extreme forms of protest will be relevant to the character test. Although Adekoya’s visa application was refused on the grounds of committing a crime against humanity, such actions would also factor into consideration an applicant’s past and present general or criminal conduct.
Both your past and present conduct will be examined as part of a balancing exercise to determine whether you lack the moral qualities of a person of good character.
Risk to the Australian community
Under section 501(6)(d)(iv) of the Migration Act 1958 (Cth), if there is a risk that you will incite discord in the community, then you may fail the character test. Some of the factors that can be considered are listed under Ministerial Direction No. 41 and can include:
Holding or advocating extremist views, such as the use of violence as a legitimate means of political expression
Vilifying a part of the community
Having a record for encouraging disregard for law and order
Engaging in conduct that is incompatible with a multicultural society
Participating in or promoting politically motivated violence and being likely to encourage such action in Australia
Being likely to provoke civil unrest with those of a group holding opposing views
Depending on the type of protests that you have been involved in, it is possible that these factors would preclude you from meeting the character requirements for a visa. As the decision to refuse a visa based on failing the character test is discretionary, you can argue that you should still be granted a visa.
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How Can Agape Henry Crux Help You?
Speak with one of our Accredited Specialist Immigration Lawyers (s), our team of immigration lawyers and migration agents at Agape Henry Crux. If you are worried about your visa application, the team specialises in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. We can also help you arrange an interpreter if this isn't your language.
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.
