Criminal Charges for International Students in Melbourne

If you are an international student in Melbourne or regional Victoria and police have contacted you, charged you or served you with an intervention order, this page explains what usually happens next and how a criminal matter can affect your student visa. For a student, the way a case is resolved can matter as much as the penalty, so get advice early.

Who this page is for

We advise international students, including students from Malaysia, China, Singapore, Hong Kong, Taiwan and Indonesia, studying at universities, TAFEs and colleges across Melbourne and regional Victoria. Many students have never dealt with police or a court in any country, are far from family, and are worried first about their visa and their studies. The information below is general; your own options depend on the charge, the evidence and your visa.

Common situations

• Shoplifting and theft. Taking goods from a shop is usually charged as theft under the Crimes Act 1958 (Vic). For a first, lower-level matter, diversion may be an option. See theft and dishonesty charges.
• Drink and drug driving, including on an overseas licence. Diversion is not available for these offences. VicRoads says you cannot drive on an overseas licence if you have been disqualified or suspended from driving in any country, and Victoria’s demerit point system has applied to overseas licence holders since July 2015. VicRoads also says an overseas licence can only be used if you plan to live and drive in Victoria for less than six months; after that it must be converted. See drink and drug driving.
• Fare evasion and public transport fines. These are usually dealt with by an infringement notice (a fine). Paying it on time deals with the offence without a court hearing, and you can also apply for a review of the decision to issue it. Ignoring fines leads to enforcement action, so act on them.
• Assault and affray. These often arise from nights out, arguments or group incidents. CCTV, witness accounts and self-defence are usually the key issues.
• Family violence intervention orders. An intervention order is a civil order, not a criminal conviction, and it can often be resolved by consent without admitting the allegations. Breaching an order is a criminal offence, and visa decision-makers give significant weight to family violence. See intervention orders.
• Drug possession. Lower-level possession charges may be suitable for diversion, depending on the drug, the quantity and your history.
• Money mules and selling or lending your bank account. The Australian Federal Police has warned that criminals recruit university students through “easy money” job ads to move money through their bank accounts, that even people who did not realise what was happening can be charged with money laundering, and that this can affect a student’s ability to keep their visa. Several Victorian and Commonwealth offences do not require proof that you knew the money came from crime; recklessness, negligence or reasonable suspicion can be enough. See money laundering and proceeds of crime.
• Scam-related allegations. If money from a scam passed through your account, the bank may freeze it and police may ask you to explain. Get advice before you give any explanation, to the bank or to police.
• Sexual offence allegations. These are serious and often arise from dating or social situations. Do not contact the person making the allegation, and get advice before any interview.

Police interviews and the right to silence

In most cases you do not have to answer police questions, and you can answer “no comment”. You can try to contact a lawyer before the interview and ask for an interpreter if you need one. Police can require your name and address in some circumstances, and refusing lawful directions such as a breath test can itself be an offence. Advice before the interview can shape the whole case, because what you say can be used as evidence and is very hard to undo. See police interviews: your rights.

Diversion: resolving a charge without a criminal record

Diversion under section 59 of the Criminal Procedure Act 2009 (Vic) is available in the Magistrates’ Court. The prosecution, usually the police officer who laid the charge, must agree, and you must acknowledge responsibility for the offence. The court adjourns the case while you complete a diversion plan. If you complete it, the charge is dismissed with no finding of guilt and no conviction. If you do not, the case goes back to court. Diversion is aimed at people without prior offending, but a prior record does not automatically rule it out. It is not available for driving offences that carry a mandatory licence loss. See diversion.

Does a finding of guilt without conviction need to be disclosed for a visa?

There is no simple yes or no answer, so get advice before you answer any visa or character question. A Victorian court can find a charge proven without recording a conviction. The Department of Home Affairs asks applicants to declare criminal charges awaiting legal action as well as convictions, and the character test can consider a person’s past and present criminal and general conduct, not only convictions (Migration Act 1958 (Cth) s 501(6)(c)). For sexual offences involving a child, a finding of guilt counts even if the person was discharged without conviction (s 501(6)(e)).

In 2023 and 2024 the High Court considered how findings of guilt without conviction under state law can be used in visa decisions (Thornton [2023] HCA 17 and Lesianawai [2024] HCA 6, both about offending as a child). The answer depends on the state law involved and the exact question asked. An incorrect answer on a visa application can itself lead to cancellation (ss 101 and 109), so do not guess.

How a charge can affect your student visa

• Substantial criminal record. You fail the character test if you are sentenced to 12 months’ imprisonment or more, or to two or more terms totalling 12 months or more. Concurrent terms are counted in full (s 501(7) and (7A)).
• Mandatory cancellation. If you fail the test on that basis and are serving a sentence full-time in custody, the Minister must cancel your visa (s 501(3A)). There are strict time limits for asking for the cancellation to be revoked.
• Discretionary cancellation. A visa can also be cancelled under section 116, for example if your presence is or may be a risk to the health, safety or good order of the community, or if you have not complied with a visa condition. Tribunal guidance says pending charges alone do not establish that risk; the decision-maker must look at the facts behind them.
• Ministerial directions. In character cases, decision-makers must follow the Minister’s written direction. Direction No. 123 is due to replace Direction No. 110 from 31 October 2026, and family violence weighs heavily under both.
• Course requirements. Student visa holders must meet enrolment and course requirements (condition 8202). If custody, bail conditions or a suspension affects your attendance, get advice early.

Your university or college

A charge does not automatically end your enrolment, but education providers have their own student conduct rules, and some courses with placements require a police check or a Working with Children Check. Whether you need to tell your provider depends on its rules and your course. Speak with us before you make any statement about the allegation.

Involving your family overseas

Many students want a parent involved, and family members often make the first contact, especially if a student is in custody. With your consent, family overseas can join an online consultation. You are our client, so we act on your instructions and you decide what is shared. Before planning any trip home while a case is on foot, check with us: you must attend court when required, and bail conditions can restrict travel.

Interpreters

The Magistrates’ Court may be able to arrange an interpreter for an accused person, and you can ask for one in a police interview. Justin Chua, our Principal Solicitor, advises in English and Mandarin. For Malay, Cantonese, Indonesian or other languages, we can arrange an interpreter for your consultation.

How we help international students

• Criminal and visa advice together. Our firm includes two Law Institute of Victoria Accredited Specialists in Immigration Law, Kin Wee Chua and Chit Thian Chua, so the criminal strategy and the migration consequences are considered at the same time.
• Priority consultations for urgent matters, such as a police interview request, a court date in the next few days or a student in custody. Book a consultation.
• Online consultations by video, so students anywhere in Victoria, including Geelong, Ballarat, Bendigo and other regional centres, can speak with us.
• A close look at the options that matter for a visa, such as diversion, contesting the charge, negotiating the charges, and how a sentence is likely to be treated under the character test.

Chinese-language versions of this page: 简体中文 ｜ 繁體中文.

Frequently asked questions

Will I be deported if I am charged with a crime?

A charge does not automatically cancel your visa. Cancellation is mandatory where you are sentenced to 12 months or more in prison and are serving the sentence full-time in custody. Below that, the Minister still has discretionary powers to cancel a visa, so get criminal and migration advice early.

Should I answer police questions if I have done nothing wrong?

In most cases you do not have to, and it is usually wise to get advice first. Sometimes giving an account helps, but that is a decision to make with a lawyer, not in the interview room.

Can I get diversion for shoplifting?

Possibly. Lower-level theft is often considered for diversion, but the prosecution must agree and you must acknowledge responsibility. If you complete the plan, there is no finding of guilt and no conviction.

Can I get diversion for drink driving?

No. Diversion is not available for drink or drug driving, or for other driving offences with a mandatory licence loss. The focus is usually on whether a conviction can be avoided and on the licence consequences.

Someone paid me to use my bank account. Am I in trouble?

You may be. Police have warned that people who let others use their accounts can be charged with money laundering even if they did not know the money was criminal. Stop using the arrangement and get advice before speaking to the bank or police.

Do I have to tell Home Affairs or my university about a charge?

It depends on the question asked and your provider’s rules. Visa forms must be answered truthfully, and Home Affairs asks about pending charges as well as convictions. Get advice from our Accredited Specialists in Immigration Law before you answer.

Penalties and procedures on this page reflect Victorian and Commonwealth law as at the review date shown above. Maximum penalties are rarely imposed; the sentence in any case depends on its own facts.