Section 501 of the Migration Act 1958 gives the Minister for Immigration — and their delegates — the power to refuse or cancel a visa on character grounds. If your visa has been cancelled under s.501, you are facing one of the most serious situations in Australian immigration law.
What Is the Character Test?
Under s.501, a person does not pass the character test if they:
1. Have a Substantial Criminal Record
This includes:
- A sentence of imprisonment of 12 months or more (whether served or suspended)
- Two or more sentences of imprisonment where the total is 12 months or more
- Being found guilty of a sexually based offence involving a child
2. Are a Member of a Group or Organisation Involved in Criminal Conduct
3. Are Assessed by ASIO as a Risk to Security
4. Have a Risk of Engaging in Criminal Conduct, Harassment, or Vilification in Australia
5. Have Been Convicted of Certain Offences While in Immigration Detention
The Cancellation Process
Mandatory Cancellation (s.501(3A))
If you have a "substantial criminal record" (generally 12 months or more imprisonment), the Minister must cancel your visa. There is no discretion — the cancellation is automatic.
Discretionary Cancellation (s.501(2))
If you do not pass the character test but do not have a substantial criminal record, the Minister may cancel your visa. This is a discretionary decision.
Your Rights After Cancellation
Time limits apply — speak with Nilesh today.
Visa refusals and cancellations carry strict appeal deadlines. A 30-minute consultation can clarify your options before those windows close.
Book a 10-minute chat · $97This article provides general information only and does not constitute legal advice.
Revocation Request
If your visa was mandatorily cancelled under s.501(3A), you can request that the Minister revoke the cancellation. You have 28 days to make this request (or 9 days if you are in immigration detention).
Ministerial Intervention
If revocation is refused, you may request the Minister to personally intervene under s.501J. This is a discretionary power and the Minister is not obliged to consider your request.
Judicial Review
You may seek judicial review in the Federal Circuit Court or Federal Court if there was a legal error in the decision-making process.
Key Factors in a Revocation Request
When considering whether to revoke a cancellation, the decision-maker will consider:
| Factor | What They Assess |
|---|---|
| Protection of the Australian community | Risk of reoffending, nature and seriousness of offences |
| Best interests of minor children | Impact on any children in Australia |
| Expectations of the Australian community | Community standards regarding the conduct |
| Other considerations | Length of time in Australia, family ties, health, age at arrival |
What You Should Do Immediately
How I Can Help
I have extensive experience with s.501 cancellation cases. I will assess your situation, prepare your revocation request or appeal, and represent you at any hearings. These cases require immediate action — contact me today.
Book a consultation today from $97.
Practitioner Note — Nilesh Nandan
Section 501 cancellations are among the most serious matters I deal with. The Minister has very broad powers, and the consequences — mandatory detention and removal — are severe. If you have received a notice of intention to consider cancellation, do not respond without legal advice. What you say in your response will be used against you.
Need Expert Help with Your Visa Matter?
Nilesh Nandan has helped thousands of clients navigate complex immigration issues. Book a consultation to discuss your specific situation with one of Australia's most experienced immigration lawyers.
Questions & Answers
My visa was cancelled under s.501 for a drink driving offence. Can I get it back?
It depends on the specifics — the sentence imposed, your overall criminal history, and your ties to Australia. A single drink driving offence with a short sentence may be defensible, particularly if you have strong ties to Australia and a low risk of reoffending. I would need to review your Notice of Intention to Cancel and your criminal record.
I am in immigration detention after my visa was cancelled. What are my options?
You have 9 days from the date of cancellation to request revocation. This is an extremely tight deadline. You should seek legal advice immediately. I can arrange an urgent consultation to review your case and prepare your revocation request.