Tale of Two Characters – The Paradoxical Application of the Character Test between Visa Holders and Applicants for Australian Citizenship

Sep 18, 2026

Uploaded by Margaret

The article examines how Australia’s good character requirement operates differently yet interactively across the Australian Citizenship Act 2007 and the Migration Act 1958. It argues that failing the character test for citizenship can indicate failure in corresponding aspects of the character test in migration decisions, because decision-makers rely on similar legal principles. It further contends that, where citizenship character failure occurs, the Minister for Home Affairs should be obliged to consider cancellation of the person’s permanent residency visa on character grounds.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages18

Reading Time45 min

AccessFree to download

Introduction

The legal relationship between permanent residency and Australian citizenship

The statutory framework of the good character requirement

Similar interpretation under both Acts

Proposed legislative amendment

| Tale of Two Characters –The Paradoxical Application of the Character Test between Visa Holders and Applicants for Australian Citizenship
Jason Donnelly* | | --- | | Applicants for Australian citizenship must demonstrate that they are persons of good character. Under current Australian law, applicants who fail to meet the character test under the Australian Citizenship Act 2007 (Cth) continue to hold their permanent residency visas. In that context, this article broadly advances two essential arguments. First, it is contended that where a noncitizen fails the character test under the Australian Citizenship Act 2007 (Cth), such a finding demonstrates that the non-citizen also fails the first limb of the character test under ss 501(2) and 501(6)(c) of the Migration Act 1958 (Cth).
In support of this contention, it is demonstrated that similar legal principles are relied upon by decision-makers in applying the character test under both pieces of legislation. Second, this article argues that where a non-citizen is determined to have failed the character test under the Australian Citizenship Act 2007 (Cth), a mandatory legislative obligation should be imposed on the Minister for Home Affairs to consider whether the non-citizen’s permanent residency visa should also be cancelled on character grounds under s 501(2) of the Migration Act 1958 (Cth).
INTRODUCTION
Under the Australian Citizenship Act 2007 (Cth) (Citizenship Act), to become an Australian citizen, anon-citizen must meet a “good character” requirement (also known as the “character test”) as part of the application process. A finding by the Minister for Home Affairs (the Minister) or the Administrative Appeals Tribunal (AAT) that the non-citizen does not satisfy the good character requirement under the Citizenship Act generally does not lead to potential cancellation of his or her permanent residency visa on character grounds under the Migration Act 1958 (Cth) (Migration Act) .
There is a striking irony that a non-citizen who fails the character requirement under Australian citizenship law is still taken to satisfy the character test as the holder of a permanent residency visa in Australia. Essentially, the irony is made all the clearer when in fact similar legal and policy principles are relied upon in construing and applying the good character requirement under both the Citizenship Act and Migration Act.
In Part I, to provide contextual background, I examine the legal relationship between holders of a permanent residency visa in Australia and Australian citizens. In exploring the association between Australian permanent residents and Australian citizens, I outline the key similarities and differences shared by these “two classes” of people.
In Part II, I outline the relevant statutory framework of the good character requirement under both the Citizenship Act and Migration Act. In doing so, I explore the objects and purposes of the good character requirement under both statutes. Although not entirely the same, this article concludes that the purposes | * BA (Macq), LLB (Hons I) (UWS), GDipLP (College of Law), Barrister of the Supreme Court of New South Wales and High Court of Australia, Lecturer (WSU) and Adjunct Lecturer (COL). The author is exceptionally grateful for the comprehensive and practical comments and suggestions made about this article by the Journal’s anonymous reviewers. of the good character requirement mandated by both the Citizenship Act and Migration Act are largely analogous. In Part III, drawing upon Commonwealth policy and jurisprudence before both the AAT and Australian judiciary, I demonstrate the similar interpretation of the good character requirement under both the Citizenship Act and Migration Act. In examining the character test under the Migration Act, I particularly focus on ss 501(2) and 501(6)(c), which regulates a non-citizen’s “past and present criminal conduct”and “past and present general conduct”. It is worth

FAQs

What is the “good character” requirement for Australian citizenship applications?

Applicants must satisfy a “good character” requirement, assessed through the character test, as part of the citizenship application process.

What is the article’s core paradox about character findings?

It highlights the irony that a non-citizen who fails the character requirement for citizenship is still treated as satisfying the character test as the holder of a permanent residency visa in Australia.

What legislative change does the article propose?

It proposes imposing a mandatory obligation on the Minister for Home Affairs to consider cancellation of a permanent residency visa on character grounds under ss 501(2) and 501(6)(c) of the Migration Act 1958 when citizenship character failure is found.

Sep 18, 2026

Uploaded by Margaret