Under section 501 of the Migration Act, the Minister has the power to refuse or cancel a visa if they are not satisfied that a person passes the character test.
This is known as a section 501 cancellation or a character cancellation.
Frequently Asked Questions
What is Section 501?
Section 501 of the Migration Act 1958 (Cth) gives the Minister for Immigration (or their delegate) the power to refuse or cancel a visa if the holder does not pass the character test. This power can be discretionary or mandatory.
Mandatory cancellation
The Minister must cancel your visa if:
- You are serving a prison sentence, and
- You have:
- A substantial criminal record (generally, a sentence of 12 months or more), or
- Been convicted of a sexually based offence against a child.
Discretionary cancellation
Even if mandatory cancellation does not apply, the Minister or delegate may exercise discretion to cancel your visa if you fail the character test.
What is the Character Test?
Under section 501(6), you may fail the character test if:
- You have a substantial criminal record (sentenced to 12 months or more, including cumulative sentences)
- You have been convicted of:
- Serious offences in Australia or overseas
- Offences committed while in immigration detention or during escape
- You are or have been associated with a criminal group or organisation
- You have been convicted of a war crime or crime against humanity
- You have been assessed by ASIO as a security risk
- You are subject to an Interpol notice
Ministerial Direction No. 110
When deciding whether to cancel or refuse a visa under section 501, decision-makers must follow Direction 110 (effective 21 June 2024).
This Direction sets out primary and other considerations, including:
- Protection of the Australian community (seriousness of conduct, risk of reoffending)
- Best interests of minor children in Australia
- Expectations of the Australian community
- Other factors such as:
- Strength, nature, and duration of ties to Australia
- Impact on victims
- International non-refoulement obligations
- Impact on Australian business interests
Can I appeal a Section 501 cancellation?
Yes, in most cases you can seek review of your visa cancellation by the Administrative Review Tribunal (ART).
However:
- If the Minister personally made the decision, there is no merits review (only judicial review in the Federal Court may be available)
Why legal representation matters?
Section 501 cases are complex and involve:
- Detailed analysis of Direction 110 factors
- Presentation of evidence about your ties to Australia, rehabilitation, and risk assessment
- Consideration of international obligations and humanitarian factors
Our migration lawyers can:
- Assess whether you have grounds for appeal
- Prepare submissions addressing Direction 110 considerations
- Represent you at the ART hearing
If you are experiencing a section 501 character grounds cancellation of your visa, book a free 10 minute consultation online now with one of our immigration lawyers.