Immigration Law
Visa Cancellation & Character — Act Before It's Too Late
A section 501 character cancellation can end your life in Australia within weeks. Whether you have received a Notice of Intention to Consider Cancellation or your visa has already been cancelled, expert legal representation is critical — and time is not on your side.
⚠ Response deadlines for NOICC are often 28 days or less — submit your request now.
Does This Sound Like You?
Common situations we help with.
Visa Cancelled Due to Criminal Conviction
A criminal conviction — including offences committed years ago — can trigger mandatory visa cancellation under section 501(3A) of the Migration Act 1958. If you have received a cancellation notice or your visa has been cancelled, you may have grounds to apply for revocation and should seek legal advice immediately.
Serving a Prison Sentence With Cancellation Notice
The Department of Home Affairs actively targets people serving sentences of 12 months or more for mandatory cancellation under section 501(3A). If you or a family member is in custody and has received a NOICC, a migration lawyer must be engaged urgently — the revocation application is often the only available remedy.
Received a Notice of Intention to Consider Cancellation
A NOICC is the Department's formal warning before a discretionary cancellation decision. You have a limited window to respond with evidence of your ties to Australia, the best interests of any children, time spent in Australia, and hardship to your family if removed. A poorly prepared response increases the likelihood of cancellation.
Character Test Failed Due to Substantial Criminal Record
A "substantial criminal record" under the Migration Act includes any sentence of 12 months or more (even if served on parole or reduced by good behaviour). If your record meets this definition, the character test is automatically failed — but this does not mean cancellation is inevitable. Discretionary factors and the best interests of children are powerful considerations.
Applying for Revocation After Visa Cancelled
If your visa has been mandatorily cancelled under section 501(3A), you may apply to the Minister to revoke that cancellation under section 501CA. A revocation application must be lodged within a strict time limit and requires compelling evidence addressing the same character and hardship considerations. This is your primary legal remedy and demands specialist preparation.
Minister's Personal Power to Cancel Under Section 501
The Minister personally holds the power to cancel visas under section 501BA — including visas that have already been the subject of a favourable AAT decision. These ministerial decisions are not reviewable by the AAT, making it essential to present the strongest possible case at the earliest opportunity.
How It Works
Defending Your Right to Remain in Australia
Character cancellation cases are among the most serious and time-sensitive matters in Australian immigration law. We connect you immediately with a migration lawyer who specialises in section 501 representations and revocation applications.
Submit Your Character Cancellation RequestSubmit your request
Tell us your situation — visa status, nature of any criminal record, and any notices received from the Department. We match you with a migration lawyer experienced in section 501 character matters, as a priority.
Urgent legal assessment
Your lawyer identifies which stage you are at — NOICC response, revocation application, AAT review, or Federal Court challenge — and advises on your strongest grounds and evidence strategy before your deadline.
Representation and submission
Your lawyer prepares your representations, gathers supporting evidence from family members and community, and submits the strongest possible case on your behalf at the relevant decision-making stage.
28 Days
Typical NOICC response deadline — legal advice is needed immediately on receipt of a cancellation notice
All 8 States
Requests matched to specialist lawyers across every state and territory in Australia
Free
Initial consultation — understand your rights and options before committing to any action
AAT Review
Discretionary cancellations are reviewable — specialist representation at the Tribunal makes a real difference
Before You Respond
Practical questions about character cancellation.
How does the section 501 character test work? +
Section 501 of the Migration Act 1958 gives the Minister power to cancel or refuse a visa where a person does not pass the character test. The character test is failed if a person has a substantial criminal record, has been convicted of certain offences, is or has been a member of a criminal organisation, or poses a risk to the Australian community. The test is applied broadly — even spent convictions and overseas offences can be relevant.
What is a "substantial criminal record" under the Migration Act? +
A substantial criminal record is defined in section 501(7) and includes: a sentence of death or life imprisonment; a sentence of 12 months or more imprisonment (including cumulative sentences totalling 12 months); two or more convictions for sex offences against children; and acquittal on grounds of mental impairment for a serious offence. Importantly, the 12-month threshold applies to the sentence imposed — not the time actually served. Even a 12-month sentence wholly suspended can constitute a substantial criminal record.
What is the difference between mandatory and discretionary cancellation? +
Mandatory cancellation under section 501(3A) is triggered automatically when a non-citizen is serving a full-time custodial sentence and has a substantial criminal record. The Department must cancel the visa — there is no discretion at this stage. Discretionary cancellation under sections 501(2) and 501(3) applies in all other cases where the character test is not passed — the decision-maker must weigh the relevant considerations in Direction 99. The remedy for mandatory cancellation is a revocation application under section 501CA.
How does the revocation of cancellation process work? +
After mandatory cancellation, you are served with a notice of cancellation and a brief window to lodge a revocation application under section 501CA. The application must include submissions addressing the primary and other considerations in Ministerial Direction 99 — including the protection of the Australian community, the best interests of minor children, your ties to Australia and the degree of hardship that removal would cause. A well-prepared revocation application by an experienced migration lawyer is your most important legal step.
Can I appeal to the AAT if my visa is cancelled on character grounds? +
Discretionary cancellations and refusals to revoke mandatory cancellations are generally reviewable by the AAT Migration and Refugee Division. The AAT conducts a fresh merits review and can substitute its own decision. However, citizens and some visa holders have no review rights. Critically, even a favourable AAT decision can be overturned by the Minister personally under section 501BA — making it essential to present the strongest possible case from the very beginning.
What happens after a visa is cancelled — can I remain in Australia on a bridging visa? +
After visa cancellation, a person who does not hold another visa is classified as an unlawful non-citizen and is liable to detention. In practice, most section 501 cancellees are placed in immigration detention. A Bridging Visa E (BVE) may be granted to allow a person to remain lawfully while a revocation application or AAT review is pending — but this is not automatic and requires an application. Anyone in this situation should engage a migration lawyer immediately to seek a BVE and progress the revocation process.
Have a question not covered here? Submit your request and a lawyer will be in touch.
Request a Free Consultation