← Back to bills🏛 House of RepresentativesBefore Parliament3 readingsAmendments circulated
Migration Amendment (Strengthening the Character Test) 2021
✦ Plain-English Summary
# Migration Amendment (Strengthening the Character Test) 2021
## What it does
This bill makes it harder for non-citizens to stay in or enter Australia by expanding what counts as a "character concern" under migration law. Specifically, it adds a new category called "designated offences" — serious crimes involving violence, sexual assault, weapons, or breaching protective orders — that can trigger character test failures and visa cancellations.
## Why it matters
Non-citizens (including visa holders and permanent residents) can now be deported or refused entry based on convictions for these specific offences, even if they've served their sentence. This affects migrants, international students, and visa workers who commit or have committed these types of crimes.
## Key details
- **Designated offences include**: violence or threats of violence against someone, sexual assault or non-consensual sexual conduct, breaching court protection orders, and possessing/using weapons
- **Comes into effect**: The day after the bill receives Royal Assent (so immediately once passed)
- **Scope**: Applies to convictions under Australian law *or* foreign country laws, meaning overseas criminal records can also trigger character test failures
Official Description
Amends the Migration Act 1958 to: amend the character test by providing grounds to consider visa cancellation or refusal where a non-citizen has been convicted of offences involving violence against a person, weapons, breaching of an apprehended violence order (or similar) or non-consensual sexual acts; provide that, for an offence involving violence against a person, a person's conviction for an offence of common assault, or equivalent, will not be taken to be a conviction for a designated offence unless the act constituting the offence causes or substantially contributes to bodily harm to another person, or harm to another person's mental health, or involves family violence; and make consequential amendments.
Committee Referrals
Senate Legal and Constitutional Affairs Legislation Committee; Senate Standing Committee for the Scrutiny of Bills; Parliamentary Joint Committee on Human Rights
Audit History
Last updated on APH
10 Apr 2026
Last checked by Crossbench
today
Constituent votes
No votes yet.
Be the first to vote on this bill.