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There are always plenty of reports when a famous – or infamous – person applies to travel to Australia and there are issues with their visa. Though the media tends to focus on who the person is and what they stand for, the Department of Immigration is more interested in looking at what they have done.
The current furore about former US Military intelligence analyst and ex-convict Chelsea Manning‘s visa troubles, and recent visits from controversial personalities, has put the spotlight on how Immigration processes visas for ‘celebrities’ with a past.
All applicants for who wish to enter or remain in Australian visa are expected to meet the character requirement under the Migration Act, with an intention to protect the Australian community from the risk of harm.
Detail on the ‘character test’ is readily available on the Department’s website where there is a list of scenarios where an applicant may fail the test; including a substantial criminal record, child sex offences, and other past or present conduct that could bring a risk to the Australian community (which Immigration policy states could be “a history of public rallies causing law and order problems, extremist views, or being liable to provoke an incident in Australia that may attract significant adverse media and/or political attention”).
The character test is the same for everyone, regardless of race, religion, gender, or citizenship.
So when a famous person with a history of conduct that falls foul of the character test, they really have no right to be surprised, or outraged, or complain to the media about being faced with a possible visa refusal.
Who might these people be? There are multiple articles in the news and on social media, but here are some of the more recent cases:
Chelsea Manning – The former US Military intelligence analyst who released hundreds of thousands of classified documents to Wikileaks was sentenced to 35 years in jail. An immediate fail of the character test due to a ‘substantial criminal record’. Application ongoing.
Lauren Southern – A ‘right-wing’ activist with strong opinions on mass media, multiculturalism, political correctness, Islam, feminism, and more. It appears she has no criminal record, but could potentially be a ‘risk to the Australian community’ if she were to vilify or incite parts of the community. Visa approved.
Eminem – Grammy Award-winning US rapper with a history of brushes with the law, and song lyrics that can offend. Potentially a person of bad character based on past and present conduct, and a risk to the Australian community if his music and/or persona were to vilify or incite parts of the community. Visa approved.
Snoop Dogg – Another controversial rapper, Snoop was convicted of gun and drug offences with a lengthy probation period. Refused a visa in 2007 (following the above conviction) but granted one in 2014 (where one assumes he was able to convince Immigration that he now met the character test). Visa approved.
Chris Brown – The R&B singer was convicted of assaulting and threatening to kill his girlfriend. Sentenced to 5 years probation (and a lifetime of anti-domestic violence activists watching his every move). Visa refused.
Troy Newman – An anti-abortion activist with offensive views about what should happen to doctors who perform abortions and the women who have them. A potential risk to the Australian community, with strong protests from medical and women’s’ groups. Visa refused.
Further information on the Character requirements are available on the Department of Home Affairs website.
If you have a character concern and want to know how this may affect your visa eligibility, please contact us for advice and assistance.