awelter

From 11/12/2014 the Migration Act was amended by the Migration Amendment (Character and General Visa Cancellation) Act 2014. There are many changes regarding provisions for character requirements, visa cancellations and related issues. More details can be found here: http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r5345 . I think the character test definition change that applies to visa refusals/cancellations is the most interesting change. Character test is defined in the Migration Act s.501(6) if someone wants to see the exact wording. For example, a person does not pass the character test if the person has a substantial criminal record (defined in s.501(7)). And the person has the substantial criminal record if the person has been sentenced eg. to 2 or more terms of imprisonment, where the total of those terms is 12 months or more. Before the legislation change, it was 2 years or more. The In addition, there is a new provision for a mandatory visa cancellation (s.501(3A)) in cases where, for example, the person has been sentenced to a term of imprisonment of 12 months or more and the person is serving a sentence of imprisonment, on a full‑time basis in a custodial institution, for an offence against a law of the Commonwealth, a State or a Territory. This might be crucial for some permanent residents who will no longer have a chance to explain why their visa shouldn't be cancelled if they have failed the specified provisions of the character test.

Some comments: Australian permanent resident is someone who is a holder of a permanent visa. When this visa ceases to be in effect? A visa to travel to and enter Australia (whether also a visa to remain in Australia) during a particular period or until a particular date ceases to be in effect at the end of that period or on that date unless the holder of the visa: (a) has entered Australia in that period or on or before that date; and (b) is in Australia at the end of that period or on that date. Therefore, you will no longer be considered to be a permanent resident and eVisitor cannot cancel a permanent visa after it has ceased. However, you will become a former Australian permanent resident. As a former permanent resident, you can apply for a RRV as long as you meet prescribed criteria. One them (for RRV155) is you need to establish substantial business, cultural, employment or personal ties with Australia which are of benefit to Australia. The visa status at the time of application is not relevant (with a few exceptions eg. holders of RE or ATR, cancelled visas...), therefore, you can apply for RRV as a holder of eVisitor or ETA - either in Australia or outside Australia - it doesn't matter. It might be worth considering that an applicant for a RRV has review rights if he/she applies in Australia. If you apply outside Australia, you have review rights in limited circumstances only. Trust this helps. Ales Welter