Character Assessment Update – Ministerial Direction No. 99 Replaces No. 90

Many of our clients who have already applied for an Australian visa are likely familiar with the character assessment while those who haven't, may not yet have heard of it. Character Assessment is a key component in a visa application assessment. An adverse decision made against an applicant, or a visa holder can result in a visa refusal or the cancellation of an already granted visa. Today, we would like to update on the latest information regarding the character assessment. As of March 3, 2023, Ministerial Direction No. 99 regarding how decision-makers assess whether an applicant or visa holder passes the character test has officially come into effect, replacing its predecessor Ministerial Direction No. 90. It outlines the key principles that decision-makers must consider when making visa decisions under the Migration Act of 1958 when assessing character. To briefly introduce what Ministerial Directions are, Section 499 of the Migration Act of 1958 allows the Minister for Immigration to issue written directions to individuals or organizations with functions or powers under that Act. Although these directions are not laws, they are binding on visa decision-makers. They are required to strictly adhere to the directions in making their assessments. There are many directions that the Minister can issue, but the most well-known one is Ministerial Direction No. 69, which outlines how decision-makers assess genuine temporary entrant criterion for student visa and student guardian visa applications. We won't go into detail about this direction today, but we will provide more information on it in the future. Returning to the topic for today, the difference between Direction No. 99, which will come into effect on March 3, 2023, and its predecessor Direction No. 90, is the addition of a key consideration, namely, "the strength, nature, and duration of the person's ties to Australia." For the first time, this principle requires decision-makers to consider whether the visa applicant or visa holder has a close connection to Australia and to consider the strength, nature, and duration of that connection when making assessments. This change reflects the importance of the visa applicant or visa holder's connection to Australian society. This principle is expected to benefit those who have lived in Australia during their formative years or adolescent development. Conversely, those who have not spent much time in Australia will be given less weight. We strongly recommend that any visa applicants who are concerned that they may not pass the character test, or visa holders who may have their visa cancelled due to character issues, seek professional advice from registered migration consultants.