The Expanded Character Test: What Visa Holders Need to Understand Now
The migration provisions of the Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026, which commenced on 22 January 2026, are now fully operational. With $13.6 million allocated in the Budget for implementation, these are not paper changes — they are being actively administered.
The Act introduced new section 501(6A), which means the following conduct can now ground a visa refusal or cancellation — with no criminal conviction required:
- Hate-motivated conduct directed at a person because of their race, religion, nationality, or other protected characteristic.
- Membership of, or association with, a prohibited hate group — regardless of when that membership occurred, and regardless of whether the group was listed as prohibited at the time.
- Making or endorsing statements involving the dissemination of ideas based on superiority over or hatred of a racial, religious, or ethnic group — including statements shared, reposted, or amplified online.
The threshold for ministerial action in relation to temporary safe haven visas (section 500A) has also been lowered from “would engage” to “might engage” in the relevant conduct. This moves the operative test from a finding of probability to a finding of possibility, significantly widening the scope for ministerial consideration.
| “The new character grounds do not require a conviction, a charge, or even a formal investigation. They require the Department to be satisfied — on balance — that the conduct occurred. Visa holders and applicants should take this seriously now, before it becomes relevant.” — Phoenix Law & Associates — June 2026 Commentary |
What Visa Holders Should Do
- Review any existing or past group memberships — particularly of organisations with a political, religious, or ideological character — and consider whether any could be relevant to the new listing framework.
- Be conscious of public statements and social media activity. Statements made on any platform — including private groups, messaging apps, and shared or reposted content — may be relevant.
- If you have received any character-related notice from the Department, seek legal advice immediately. The timeline for responding to a Natural Justice letter is short, and the stakes of an incorrect response are severe.
Permanent Exclusion Risk:
A finding under section 501(6A) may trigger Special Return Criterion 5001, which operates as a permanent exclusion from Australia. This is not an outcome that can generally be reversed through a subsequent application. Early legal advice is always more effective than engagement after the fact.
How Phoenix Law & Associates Can Assist This Week
The three developments covered in this briefing all have time-sensitive dimensions. The 189 round runs this week. The salary threshold change takes effect at the start of next month. The character provisions are already live.
Phoenix Law & Associates is available to assist with Expression of Interest reviews and pre-invitation strategy for Subclass 189 applicants; nomination lodgement planning and salary compliance for employer sponsors ahead of the 1 July threshold increase; and confidential advice for visa holders with any exposure to the new character grounds under section 501(6A).
We also continue to assist clients across the full range of family visa pathways — partner, parent, and prospective marriage visas — where the Department’s April 2026 evidentiary expectations continue to apply.
If you have questions arising from this week’s briefing, contact our office to arrange a consultation. The migration environment rewards those who engage early.
CALL NOW +61731800908 or email – info@phoenix-law.com.au | Level 8, 320 Adelaide Street, Brisbane. #Subclass189Visa #phoenixlaw #brisbanelawyers #MultilingualLawyers #MigrationLaw
