Skip to main content

A character reference letter for immigration purposes in Australia is a formal written statement from a credible community member — typically an Australian citizen or permanent resident — that attests to a visa applicant's character, community integration, ties to Australia, and suitability to remain in or be granted entry to Australia. This template assists referees in preparing a legally appropriate, persuasive character reference for use in visa applications, s.501 character test assessments, and visa cancellation proceedings under the Migration Act 1958 (Cth). The Migration Act 1958 (Cth) is the primary legislation governing immigration to Australia. Section 501 of the Act empowers the Minister for Immigration (or a delegate) to refuse to grant or to cancel a visa where the applicant or visa holder does not pass the character test. The character test is set out in s.501(6) and includes a range of criteria: having a substantial criminal record (defined in s.501(7) as a sentence of 12 months or more imprisonment, or multiple sentences totalling 12 months or more), being a member of a criminal organisation or terrorist organisation, representing a risk to the Australian community, or being the subject of an adverse security assessment by ASIO. Ministerial Direction No. 99 (issued under s.499 of the Migration Act 1958) is the current direction governing how decision-makers must exercise the discretion under s.501 where the character test has been failed. It sets out primary considerations and other considerations that must be weighed in the character test assessment. Primary considerations include: the protection of the Australian community from criminal or other serious conduct; the best interests of minor children in Australia; the impact on Australian family members of the visa holder or applicant; and the strength, nature, and duration of the person's ties to Australia. Other considerations include the person's age at the time of offending, the nature of the offence and hardship to the person if removed, the person's health, and evidence of rehabilitation. Character references are directly relevant to several of these considerations. A well-drafted character reference from a credible Australian community member can provide the decision-maker with specific evidence of: the applicant's genuine community ties and integration into Australian society; the positive contribution the applicant makes to the Australian community; the impact of removal on Australian family members (particularly children); the applicant's rehabilitation and future conduct prospects; and the hardship that would result from visa cancellation or removal. Character references for immigration matters may also be relevant outside of s.501 character test proceedings. They are commonly used to support partner visa applications (subclass 820/801 and 309/100), parent visa applications, employer-sponsored visa applications (subclass 482 and 186), and appeals before the Administrative Review Tribunal (ART) — which replaced the Administrative Appeals Tribunal (AAT) in 2024. This template covers all key elements that immigration decision-makers look for: the referee's identity and Australian residency status, the applicant's immigration context, the nature and duration of the relationship, the applicant's community ties and family connections in Australia, a specific character assessment, a rehabilitation statement (for s.501 matters), and a hardship and best interests statement addressing the impact of removal on Australian family members and children. It is suitable for use in all Australian states and territories and for any immigration matter in which character evidence is relevant.

What Is a Character Reference Letter for Immigration (Australia)?

A character reference letter for immigration purposes in Australia is a formal written document from a credible Australian community member that attests to a visa applicant's personal character, community integration, ties to Australia, and suitability to remain in or enter Australia. It is used in visa applications, character test assessments, and visa cancellation proceedings under the Migration Act 1958 (Cth).

The Migration Act 1958 (Cth) is the primary legislation governing immigration to Australia. Section 501 empowers the Minister for Immigration or a delegate to refuse to grant or cancel a visa where the applicant or visa holder fails the character test. The character test in s.501(6) focuses primarily on criminal history — particularly sentences of 12 months or more of imprisonment — but also addresses membership of criminal organisations, security assessments, and conduct constituting a risk to the Australian community.

Ministerial Direction No. 99, issued under s.499 of the Migration Act 1958, governs the exercise of ministerial discretion in s.501 character matters. It identifies primary considerations — including the protection of the Australian community, the best interests of minor children in Australia, the impact on Australian family members, and the strength and duration of ties to Australia — that decision-makers must weigh in each case. Character references from Australian community members provide direct evidence relevant to multiple of these primary considerations.

Character references for immigration are also relevant beyond s.501 proceedings. They support partner visa applications (subclass 820/801 and 309/100), employer-sponsored visa applications, parent visa applications, and appeals before the Administrative Review Tribunal (ART). They may also be submitted to the Minister for Immigration in ministerial intervention requests under ss.351 and 417 of the Migration Act 1958, where the Minister has a personal non-compellable discretion to substitute a more favourable decision in cases of unique or exceptional circumstances.

Effective immigration character references are specific, personal, and directly responsive to the legal framework of the immigration matter at hand. They are most persuasive when written by Australian citizens or permanent residents with genuine professional or community standing, who can speak to the applicant's integration into Australian society from direct personal knowledge.

When Do You Need a Character Reference Letter for Immigration (Australia)?

A character reference letter for immigration purposes is needed in Australia in several specific immigration contexts, each with different timing requirements and procedural contexts.

Visa cancellation proceedings under s.501 of the Migration Act 1958: When the Department of Home Affairs issues a Notice of Intention to Consider Cancellation (NOICC) or a mandatory cancellation notice, the visa holder has an opportunity to make representations before the decision is made or, in the case of mandatory cancellation under s.501(3A), to seek revocation of the cancellation under s.501CA. Character references should be prepared urgently in response to a NOICC and must be submitted within the timeframe specified in the notice — typically 28 days. Delay in preparing character references can result in the decision being made without this important evidence.

Appeals before the Administrative Review Tribunal (ART): Where a visa has been cancelled or a visa application refused on character grounds, the visa holder may appeal to the ART (formerly the Administrative Appeals Tribunal) for a merits review of the decision. Character references are a key component of the evidentiary material submitted for ART hearings, and should be as comprehensive and specific as possible.

Partner and spouse visa applications: The Department of Home Affairs assesses the genuine nature of partner relationships in partner visa applications (subclass 820/801 and 309/100). Character references from friends, family, and community members who know both partners and can attest to the genuine nature of the relationship, and the applicant's character and integration into Australian society, support these applications.

Employer-sponsored and skilled visa applications: Some employer-sponsored and skilled visa applications may benefit from character references where the applicant has a complex immigration history or where the employer's sponsorship is based in part on the employee's character and conduct.

Ministerial intervention requests: In exceptional circumstances, a person whose visa has been cancelled may seek ministerial intervention under ss.351 and 417 of the Migration Act 1958. Character references are a key component of the submissions in support of a ministerial intervention request.

References should be as current as possible — ideally within 6 to 12 months of the decision-making stage — and from referees who are genuinely available to be contacted for verification.

What to Include in Your Character Reference Letter for Immigration (Australia)

An effective character reference for Australian immigration purposes must address the specific considerations under Ministerial Direction No. 99 and the Migration Act 1958. The following key elements maximise the reference's persuasive value.

Referee credentials and Australian status: The referee's full name, occupation, professional title, address, and contact details, together with their Australian citizenship or permanent residency status, should be clearly stated. References from Australian citizens and long-term permanent residents carry the greatest weight with immigration decision-makers, as they demonstrate that the applicant has genuine ties to people who have a permanent stake in the Australian community.

Nature and duration of the relationship: The reference must clearly explain how the referee knows the applicant, in what capacity, for how long, and through what regular contact. Under Direction No. 99, the strength and nature of the applicant's ties to Australia is a primary consideration. A reference from someone who has known the applicant for many years through professional, community, or social engagement provides stronger evidence of genuine integration than a reference from a recent acquaintance.

Community ties and integration: This is one of the most important elements of an immigration character reference. The reference should describe the applicant's specific involvement in Australian community life — employment, volunteering, participation in sports clubs, cultural organisations, religious communities, or other activities — and the genuine and sustained nature of those ties.

Family connections in Australia: Under Direction No. 99, the best interests of minor children in Australia and the impact on Australian family members are primary considerations. References should address the presence of Australian-citizen or permanent-resident children, spouses, or other family members, and the impact that removal would have on those family members, particularly children.

Character assessment with specific examples: A specific, evidenced assessment of the applicant's honesty, integrity, law-abiding conduct, and positive contribution to Australian society is the core of the character evidence. Generic praise is less persuasive than specific examples that demonstrate the applicant's character from direct personal observation.

Rehabilitation (for s.501 matters): Where the application involves a criminal history, the reference should address evidence of genuine rehabilitation — not minimising the seriousness of past conduct, but providing honest evidence of the applicant's remorse, personal growth, and future conduct prospects.

Hardship statement: For s.501 cancellation and visa refusal matters, the reference should address the hardship that removal would cause — not only to the applicant, but to their Australian family members, particularly children. The best interests of Australian-citizen or permanent-resident children is one of the strongest considerations in the Direction No. 99 framework.

Frequently Asked Questions

Related Documents

You may also find these documents useful:

Character Reference Letter (Australia)

A character reference letter in Australia is a formal written statement by a person who knows the subject well, attesting to their character, values, community standing, and personal qualities for the purpose of assisting a court, immigration decision-maker, employer, or licensing body in assessing the subject’s character. This template enables referees to write a professional, legally appropriate character reference for Australian court proceedings, visa applications under the Migration Act 1958 (Cth), employment, or professional licensing contexts. In Australian criminal court proceedings, character references are one of the most important documents a defendant can present at sentencing. All Australian state, territory, and federal courts accept character references from persons who know the defendant, and judges and magistrates place significant weight on references from credible, well-placed referees who can speak to the defendant’s good character, community ties, employment, rehabilitation prospects, and remorse. Character references are relevant to every sentencing purpose identified in the relevant sentencing legislation: just punishment, deterrence, rehabilitation, protection of the community, and denunciation. Each Australian court has its own practice notes or guidelines for character references. The Magistrates Court of Victoria, the County Court of Victoria, the Supreme Court of NSW, the District Court of NSW, and other courts have issued guidance on what constitutes an effective character reference. Common requirements across courts include: the referee must know the defendant personally; the reference must state the nature and length of the relationship; the referee should acknowledge awareness of the offence before the court (without describing it in detail); the reference should address the defendant’s character in specific, credible terms rather than generalised praise; and the reference should be signed, dated, and accompanied by the referee’s contact details. Judges specifically note that generic references that do not demonstrate personal knowledge of the defendant are afforded little weight. For Australian visa applications, character references may be required or helpful in several contexts. Under section 501 of the Migration Act 1958 (Cth), the Minister for Immigration or a delegate may refuse to grant or cancel a visa where the applicant or visa holder does not pass the character test. The character test includes, among other things, having a substantial criminal record, being a member of a criminal organisation, or being assessed as a risk to the Australian community. Character references from community leaders, employers, family members, and others who know the applicant can provide evidence to assist the decision-maker in exercising their discretion under s.501. References may also be required for partner visa applications, parent visa applications, and employer-sponsored visa applications where good character evidence is relevant. For employment applications, a character reference from a previous employer, community leader, or other credible person can support an applicant’s suitability for a role, particularly in regulated industries such as teaching, childcare, healthcare, financial services, and law enforcement, where Working with Children Checks, police clearances, and fit and proper person requirements apply. For professional licensing and registration, character references may be required by the relevant licensing body when assessing an applicant’s suitability. This is common in the legal profession (admission as a lawyer), health professions (Medical Board, AHPRA), financial services (ASIC authorised representative), and security and firearms licensing. This template covers all key elements of a professional Australian character reference: the referee’s details and credentials, the subject’s details, the purpose of the reference, the nature and length of the relationship, a detailed character assessment with specific examples, awareness of proceedings (for court references), rehabilitation prospects, an offer of support, and a truthful closing attestation.

Statutory Declaration (Australia)

Create a Commonwealth Statutory Declaration in the form prescribed by Schedule 1 of the Statutory Declarations Regulations 2018 (Cth). Compliant with the Statutory Declarations Act 1959 (Cth). Used for identity verification, lost documents, government applications, and other official purposes. Must be signed before an authorised witness (JP, lawyer, pharmacist, police officer, and others listed in section 8 of the Regulations).

Employment Reference Letter (Australia)

An employment reference letter in Australia is a formal written document from a current or former employer, manager, or supervisor that attests to an employee's job performance, professional skills, personal qualities, and overall suitability for employment. This template is designed to assist Australian employers, HR managers, and supervisors in preparing a comprehensive, legally appropriate employment reference that complies with the Defamation Act 2005 (uniform law adopted across all Australian states and territories) and reflects current Fair Work Act 2009 (Cth) employment standards. In Australia, employment references play a critical role in the hiring process. Prospective employers in regulated industries — including childcare, education, healthcare, aged care, security, financial services, and the legal profession — routinely conduct thorough reference checks as part of their due diligence. A well-crafted reference letter provides a prospective employer with specific, credible, and verifiable information about the candidate's capabilities and character that goes beyond what a resume or interview alone can establish. The Defamation Act 2005, which applies in substantially uniform form across New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the Australian Capital Territory, and the Northern Territory, provides important protections for referees who write employment references in good faith. The defence of qualified privilege applies to communications made in the performance of a legal, social, or moral duty where the recipient has a corresponding interest in receiving the information. An employment reference from a former employer to a prospective employer falls squarely within this protection, meaning a referee who provides an honest, factual, and non-malicious reference will not be liable in defamation even if the statements are adverse to the employee's interests. However, the qualified privilege defence is defeated by malice — a referee who makes statements knowing them to be false, or with reckless disregard for their truth, loses this protection. This understanding shapes best practice for Australian employment references. Referees should distinguish carefully between statements of fact (which attract stronger qualified privilege protection) and statements of opinion. Factual statements such as 'the employee managed a team of 12 staff' or 'the employee achieved all performance targets in the 2023–24 financial year' are less legally risky than opinion statements such as 'this is the best engineer I have ever worked with.' Factual statements should be accurate and verifiable. Opinions should be genuinely held and not motivated by personal animosity or a desire to harm the employee's prospects. Under the Fair Work Act 2009 (Cth) and the National Employment Standards (NES), employees are entitled to notice of termination and to have their employment concluded fairly. Providing a misleading or false employment reference that prevents a former employee from obtaining employment could give rise to other legal liability, including claims under Australian Consumer Law (misleading and deceptive conduct) or tortious liability. Referees should therefore ensure all statements are accurate, fair, and based on personal knowledge. This template covers all key components of a professional Australian employment reference: the referee's details and organisational credentials, the employee's position and employment period, the employee's key responsibilities, an assessment of performance and achievements, professional skills and personal qualities, any reason for leaving, a clear recommendation, and an offer to discuss the reference. The template is suitable for use in any Australian state or territory and for any industry or employment type including full-time permanent, part-time, casual, fixed-term contract, and independent contractor engagements under the Fair Work framework.