Tale of two characters : the paradoxical application of the character test between visa holders and applicants for Australian citizenship

Applicants for Australian citizenship must demonstrate that they are persons of good character. Under current Australian law, applicants who fail to meet the character test under the Australian Citizenship Act 2007 (Cth) continue to hold their permanent residency visas. In that context, this article broadly advances two essential arguments. First, it is contended that where a noncitizen fails the character test under the Australian Citizenship Act 2007 (Cth), such a finding demonstrates that the non-citizen also fails the first limb of the character test under ss 501(2) and 501(6)(c) of the Migration Act 1958 (Cth). In support of this contention, it is demonstrated that similar legal principles are relied upon by decision-makers in applying the character test under both pieces of legislation. Second, this article argues that where a non-citizen is determined to have failed the character test under the Australian Citizenship Act 2007 (Cth), a mandatory legislative obligation should be imposed on the Minister for Home Affairs to consider whether the non-citizen’s permanent residency visa should also be cancelled on character grounds under s 501(2) of the Migration Act 1958 (Cth)