Hong Kong protest convictions complicate Australia and UK visa applications

ABC News reported on Wednesday that a person jailed in Hong Kong over the 2019 protests, identified only by the pseudonym Kris, is still waiting on an Australian student visa lodged in 2025. Under Australia's character test, ABC reported, a sentence of 12 months or more counts as a substantial criminal record, and applications carrying one are likely to be referred to a Home Affairs unit with a backlog. Home Affairs did not respond to questions about Kris's case.

Kris was charged with rioting and released after almost three years. An application to renew a practising licence has also drawn no decision, ABC reported. Brandon Yau, founder of the advocacy group Waiting Bird HK, said professional bodies tightened rules on workers with criminal convictions after the national security law took effect.

ABC cited Hong Kong authorities' figures of more than 10,000 arrests over the 2019 protests and more than 2,400 convictions as of June 30.

Melbourne migration lawyer James Wardlaw, who represents Hong Kong residents seeking asylum, told ABC that the Visa Applicant Character Consideration Unit has a significant backlog, with some cases taking years. He said most charges against pro-democracy activists were politically motivated and that the applicants pose no threat to the Australian community. Home Affairs said the unit assesses each case individually and that processing times depend on the applicant's circumstances.

The Hong Kong government rejected Australia's criticism and called Canberra hypocritical, saying all defendants receive fair trials and law-breakers are held accountable. Australia's foreign affairs department said it remains seriously concerned about the erosion of rights and freedoms in Hong Kong. Mark Dreyfus, the special envoy for international human rights, raised the issue at the UN Human Rights Council on Feb. 25, according to the department's published statement.

The same 12-month line applies in Britain. The Standard reported on Sept. 23, citing Metro, that lawyers say at least 12 Hongkongers convicted over the protests were refused British National (Overseas) visas because of their convictions. UK rules generally require refusal for sentences of 12 months or more. The Home Office said it could not assess the truth of anonymised claims and that its conviction rules apply to BN(O) applications.

Home Affairs' monthly onshore protection-visa reports count individuals by country of origin. They record 6 grants to people from Hong Kong SAR in March, 6 in April, 7 in May, 14 in July and 9 in August. June appears only as fewer than five, at a 3.70 per cent grant rate that implies one to four people. That puts the March-to-August total at 43 to 46. The reports do not break out refusals by reason, so they cannot show how many Hong Kong applications failed on character grounds.