Debts to the Commonwealth

Certain visa grants are subject to the public interest requirement that:

The applicant does not have outstanding debts to the Commonwealth unless the Minister is satisfied that appropriate arrangements have been made for payment.

“Outstanding debts” refer not only to debts to the Department of Home Affairs.

In the current environment where Government Departments have increased data matching powers, it is highly likely that the Department of Home Affairs will be aware of a visa applicant having “outstanding debts to the Commonwealth”. Such a debt, for example, could include to the Australian Taxation Office (ATO). In a recent case a visa applicant was asked to discharge their debt with the ATO before the visa could proceed to finalisation.

Failure to pay the debt or enter into acceptable arrangements for payment will result in being unable to satisfy the visa criteria, and the visa will be refused.

DISCLAIMER This information is current as of 13 February 2019 and subject to change. The information contained in this publication is of a general nature only. It should not be used as legal advice. To the extent permissible by law, Ajuria Lawyers and its associated entities shall not be liable for any errors, omissions, defects or misrepresentations in the information or for any loss or damage suffered by persons who use or rely on such information. Liability limited by a scheme approved under Professional Standards Legislation.