Exploring VACCU: A Deep Dive into Australia’s Character Test Policy
As part of the requirements of almost all Australian visa applications, you will need to undergo the ‘Character Test’. The character test can be found under section 501 of the Migration Act 1958 (Cth) and is required for most visa applications due to Public Interest Criteria (PIC) 4001. Although there is extensive information about the test itself, much less is known about the VACCU – the unit that applies the character test.
What is the Visa Application Character Consideration Unit (VACCU)?
The Visa Application Character Consideration Unit (VACCU) is part of the National Character Consideration Centre (NCCC). The NCCC is responsible for all visa cancellations made on character grounds. As a matter of policy, if a visa application can be refused on multiple grounds, including character, it will only be refused under section 501 as a last resort.
Excluding protection visas, if your visa is refused or cancelled under character grounds, all of your other visas will also be cancelled. You will also be subject to a section 48 bar if onshore, and you will only be able to apply for a Protection (subclass 866) visa.
What types of cases are referred to the VACCU?
Cases may be referred to the VACCU if they fall under any of the grounds listed in section 501(6) or, in some instances, a failure to meet Public Interest Criteria (PIC) 4016 and 4018. Examples of circumstances which can lead to a VACCU referral include:
Having a substantial criminal record
Having criminal convictions related to immigration detention
Association with or membership in a criminal group or organisation
Involvement in international crimes such as human trafficking
Being charged with involvement in a war crime
Not being of good character due to past and present conduct
Domestic and family violence offences
An unacceptable risk posed to the Australian community if allowed to enter
Sexual offences involving a child
Adverse security assessment made by the ASIO
Interpol notices
Failing to satisfy PIC 4001
Failing to satisfy PIC 4016 and 4018 due to a conviction for serious sexual offences
Generally, you will be notified if your case has been referred to the VACCU. A request for further information under section 56 will also be made for documents such as overseas penal certificates, court orders, rehabilitation reports and other character references.
How does the VACCU make its decision?
The VACCU will decide whether it is appropriate to refuse an application or cancel a visa after taking into account all of the relevant policy considerations. Currently, Ministerial Direction (MD) 110 lists the key factors that the VACCU will consider. Ministerial Direction 110 involves primary considerations, which are given the most weight, and other considerations, such as the legal consequences of the decision, potential difficulties a person may face if removed and any impacts on Australian businesses. Under Ministerial Direction 110, the VACCU will need to give the greatest weight to protecting the Australian community – placing it above even the other primary considerations.
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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.
