After four long years of uncertainty, a father has finally been reunited with his family in Australia – marking the end of a complex Resident Return (Class BB, Subclass 155) visa (RRV) matter involving character concerns under section 501 of the Migration Act 1958 (Cth).
From 2022 to 2025, the Brightstone Migration team had the privilege of assisting our client to overcome significant legal and procedural challenges before the Visa Applicant Character Consideration Unit (VACCU). In October 2025, his RRV was granted, allowing him to return home to his loved ones in Australia.
Case Background: A Family Divided by Distance
Our client, a Chinese national, first migrated to Australia in the early 2000s under a skilled migration program. Despite cultural and language barriers, he worked hard to establish a life here. Earning postgraduate degrees, securing professional employment and raising his son.
Unfortunately, mounting pressures and personal struggles led to relationship breakdown and legal trouble. Our client was charged with common assault and contravention of an Apprehended Domestic Violence Order (ADVO), resulting in a separation in 2014.
In late 2021, while his latest RRV renewal was pending, his father in China became gravely ill. He travelled overseas to be with him – unaware that his application would later be referred to VACCU due to his past convictions.
In May 2022, while mourning his father’s passing, he received notice that his visa was under character consideration, leaving him stranded outside Australia and separated from his family.
Understanding the VACCU Process and the Character Test
The VACCU is a specialised division within the Department of Home Affairs responsible for assessing visa applicants with potential character concerns.
Under section 501(1) of the Migration Act 1958 (Cth), the Minister has discretion to refuse a visa if the applicant fails the character test under section 501(6).
In such cases, it is critical to demonstrate either:
- that the applicant passes the character test, or
- that the Minister should exercise discretion to grant the visa despite any failure.
Our Legal Strategy: Context, Character and Rehabilitation
Our approach was to acknowledge the past while placing our client’s actions in context.
We demonstrated that the offences were isolated incidents during periods of emotional distress, and that our client had since undergone significant rehabilitation, supported by evidence of counselling, community involvement and positive relationships.
Under section 501(6)(d), the Department must consider whether the person poses a future risk to the Australian community. We presented extensive evidence showing that he posed no such risk.
Importantly, his convictions did not constitute a substantial criminal record under section 501(6)(a) of the Act.
Ministerial Direction No. 110 – Key Considerations
In assessing whether to refuse a visa on character grounds, the Department must apply Ministerial Direction No. 110, which guides decision-makers in exercising discretion.
The key primary considerations include:
- Protection of the Australian community
- Nature and seriousness of conduct to date
- Whether the conduct involved family violence
- Ties to Australia and best interests of minor children
- Expectations of the Australian community
We placed strong emphasis on our client’s longstanding ties to Australia, his role as a father and his ongoing contribution to his local community.
Key Challenges and Our Approach
Family violence is treated with utmost seriousness in character cases. Our strategy was to focus on rehabilitation and behavioural reform, supported by:
- Psychological assessments
- Letters of support from family, friends and neighbours
- Evidence of community engagement and personal development
This demonstrated that the client’s past conduct no longer defined his character or risk profile.
Our client had not disclosed his convictions on incoming passenger cards and visa application forms. Under paragraph 8.1.1(1)(g) of the Direction, this can weigh against a visa applicant.
We addressed this directly, explaining that the omissions were inadvertent, not deliberate. His honest personal statement and acceptance of responsibility were pivotal in restoring credibility.
The Long Wait: Persistence in the Face of Silence
Despite consistent advocacy, the process stretched over several years:
- Feb 2023: Initial VACCU submissions lodged
- May–July 2023: Responded promptly to multiple RFIs
- Oct 2023: Priority processing request denied
- Jun 2024: Supplementary submissions following new Direction 110
- May–June 2025: Further follow-ups with no outcome
- Aug 2025: Notice of Intention to Consider Refusal (NOICR) issued
We immediately prepared a comprehensive response to issues raised in the NOICR, updating psychological reports and providing fresh evidence of ongoing rehabilitation. We also detailed the hardship faced by his family, particularly his son and de facto partner in Australia.
A Triumphant Return Home
In October 2025, the Department notified us that it had accepted our submissions and decided not to refuse the visa.
Our client’s RRV was subsequently granted ending years of separation. He is now preparing to fly back to Sydney, where he will finally reunite with his beloved family.
For the Brightstone Migration team, this case is a reminder that persistence, empathy, and evidence-based advocacy can change lives.
Lessons from This Case
Even with domestic violence or non-disclosure concerns, applicants can succeed with genuine rehabilitation and strong supporting evidence.
Detailed character references, psychological reports and documented community contributions carry great weight.
In complex VACCU and section 501 cases, every submission and follow-up matters. Consistent advocacy and preparation can turn a difficult case into a successful outcome.
Facing a Visa Refusal or Character Cancellation? We Are Here to Help.
If you or someone you know is facing:
- a visa refusal under section 501,
- a RRV character concern, or
- a visa cancellation due to criminal convictions
our experienced team can help you understand your options and develop a strategic plan for success.
Our Brightstone immigration lawyers specialise in character-based visa refusals, VACCU submissions and Ministerial Intervention requests.
Book a Consultation to receive tailored advice on your situation.
For a step-by-step guide to appealing a visa refusal, read our article: Visa Refused? Visa Appeal Guide: Key Steps to Success.
Read our article Domestic Violence: Passed Character Requirements/VACCU for another successful case involving visa refusal due to character requirements.
This article is based on real cases handled by immigration lawyers at Brightstone Migration. It was written and reviewed by Mei Guo, Partner Solicitor and Head of Immigration (Legal Practitioner Number: 5512368), to share practical insights and experience. The content is for reference only and does not constitute specific legal advice.
Last updated: 19/11/2025
Testimonial
Anonymised Client
High Level of Service
Very professional service for getting me in PRV155 visa. Over four years, they are continuously presenting high level of service and patience in order for me to get back to Australia. Highly recommended!
