Section 501 and the character test

Section 501 lets the Minister or a delegate refuse or cancel a visa when a person does not pass the character test.

What to do

• Some cancellations are mandatory, for example after a prison sentence of 12 months or more. Others are discretionary.
• You can usually ask for the decision to be revoked. The deadline in the notice is short, often 28 days or less, so act at once.
• Strong evidence on your ties to Australia, your family, your rehabilitation and the best interests of any children is central to these matters. Professional help matters here.

Documents to gather

• The notice and the Department's reasons
• Court records and sentencing remarks
• Evidence of family, work and community ties in Australia
• Evidence of rehabilitation and character references
• Details about any children and their circumstances

Common questions

What is the character test?

A set of grounds in section 501 of the Migration Act, including criminal record and association with criminal groups, used to refuse or cancel visas.

Can a section 501 decision be reversed?

Sometimes. A request for revocation or review may be possible within a short deadline stated in your notice.

Registered agents near you

Enter your postcode to see the three closest registered migration agents on the public register. 4,846 agents are listed in Australia.

Other matters

A refusal letter explains why the delegate was not satisfied. It is not the end, but time limits are short.A cancellation can be a notice that cancellation is being considered, or a final decision. Which one you have changes what you can do.A Protection visa is for people who fear serious harm if they return to their home country and who are in Australia.Student visa refusals often turn on genuine student requirements, financial capacity or English evidence.Skilled visa refusals often relate to skills assessments, points claims, English or nomination issues.Visitor visa refusals often relate to doubts about whether you will leave Australia or have enough funds.A bridging visa lets you stay lawfully in Australia while another visa application or review is decided.Citizenship refusals commonly relate to residence requirements, identity or character.Employer-sponsored visas depend on both the employer and the worker meeting requirements.The Administrative Review Tribunal reviews many visa decisions. Time limits are strict.

General information, not legal or migration advice. Rules, fees and deadlines change and every case is different. Check your own letters and speak to a registered migration agent or Australian legal practitioner before you act. Visa Wizard is not affiliated with the Department of Home Affairs, the Administrative Review Tribunal or OMARA.