Inadmissibility
Statutory definition
The Migration Act 1958 (Cth) does not use the term "inadmissibility" as a defined concept in the way that Canadian immigration law does. Instead, grounds for refusal and cancellation arise from specific sections. The primary provisions include: health requirements (s 65 and Schedule 4); character requirements (s 501); security and international obligations (s 503); and incorrect information (s 109).
Explanation
In Australian practice, the term inadmissibility is used informally to describe circumstances where an applicant cannot be granted a visa due to a disqualifying factor. The main categories are:
- Character — failing the character test under s 501 (see character test)
- Health — not meeting health criteria (usually assessed by a Medical Officer of the Commonwealth — the applicant must not have a condition that is a significant cost to the Australian community or a danger to public health or safety)
- Security — adverse security assessment by ASIO (see s 503)
- False or misleading information — providing incorrect information in an application (s 101 or s 109)
- Failure to satisfy visa criteria — not meeting the statutory criteria prescribed for the specific visa subclass
How this term is used
A visa refused on inadmissibility grounds may be subject to review by the Administrative Review Tribunal (for discretionary refusals) or judicial review for jurisdictional error. Health waivers are available for some visa subclasses where the decision-maker is satisfied that granting the visa is in the national interest.