Australia will adopt stricter rules for refusing or cancelling visas on character grounds from October 31, 2026, placing greater emphasis on community safety, hate-related conduct and domestic violence while giving less weight to a person's ties to the country.
The changes will affect how Australian immigration authorities assess cases involving non-citizens whose conduct raises concerns about their eligibility to enter or remain in the country. The updated framework will also place greater emphasis on compliance with migration laws and the protection of victims and children.
According to a report by Fragomen, decision-makers will give greater weight to protecting the Australian community and less consideration to the impact of visa refusals or cancellations on individuals, their connections to Australia and local businesses.
Hate speech, extremism among key considerations
The revised approach will place greater emphasis on conduct involving hate crimes, hate speech, incitement of violence and racial disharmony.
{{/usCountry}}The revised approach will place greater emphasis on conduct involving hate crimes, hate speech, incitement of violence and racial disharmony.
{{/usCountry}}Certain serious drug-related and property offences will also be significant considerations when authorities assess whether a person meets Australia's character requirements.
The government will place additional focus on extremism and the spread of hatred, reflecting its broader efforts to strengthen the country's response to hate-motivated behavior.
Australia's Department of Home Affairs already lists criminal conduct, hate crimes and certain statements promoting racial or ethnic hatred among the factors that may affect a person's character assessment. The new framework will guide decision-makers on how these considerations should be weighed when determining visa refusals and cancellations.
Domestic violence and children's interests
The changes will also expand the focus on domestic and family violence, with greater attention to the nature of the behavior and its consequences for victims and children.
Decision-makers will be directed to consider the risks posed by such conduct and the interests of children affected by a visa decision. The revised approach is intended to give greater importance to community protection and the safety of people who experience violence.
The framework will also put more emphasis on whether a person has complied with Australian migration laws, whether they are available for removal from the country and whether visa conditions can be used to manage potential risks.
What the changes mean for visa holders
The revised rules are part of Australia's broader efforts to tighten immigration settings and strengthen compliance measures.
For visa applicants and existing visa holders, conduct that raises character concerns could carry greater weight in decisions about whether they can enter or remain in Australia. The outcome will depend on individual circumstances and the relevant legal provisions.
The changes do not mean that every person with a criminal record or a history of misconduct will automatically have their visa refused or cancelled. Australian authorities assess cases under the country's migration laws and applicable character requirements.