Character Refusal & Cancellation — Section 501
Complex migration practice work. WIDEN takes character matters on direct retainer and on referral from other migration agents.
MARN 1576536 · Verifiable at mara.gov.au
⏰ Tight deadlines. Character review timeframes are short — AAT review of a s 501 decision is generally 9 working days from notification for onshore decisions (longer windows can apply offshore). NJL response windows are typically 14-60 days. Identify the deadline in your decision letter immediately.
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What is the section 501 character test?
Section 501 of the Migration Act 1958 sets out the character test that visa applicants and visa holders must satisfy. A person fails the character test under s 501(6) if any of the following apply, including but not limited to:
- They have a substantial criminal record as defined in s 501(7) — generally a sentence of 12 months or more imprisonment, or cumulative sentences totalling 12 months or more, or a conviction for a sexually based offence involving a child
- They have or have had an association with an individual, group, or organisation involved in criminal conduct
- Having regard to past or present criminal or general conduct, they are not of good character
- There is a risk that, if allowed to enter or remain in Australia, they would engage in criminal conduct, harass or stalk, vilify, or otherwise represent a danger to a segment of the Australian community
- They have been convicted of one or more sexually based offences involving a child
The grounds in s 501(6)(a) to (j) are the gateway. Once one or more grounds are engaged, the decision-maker then considers whether to refuse, cancel, or revoke under the Minister's or delegate's powers.
Mandatory vs discretionary decisions
Mandatory cancellation under s 501(3A) applies automatically when the visa holder is in immigration detention or serving a full-time custodial sentence AND has either a substantial criminal record OR a conviction for a sexually based offence involving a child. No prior NJL is given before the cancellation; the affected person has a separate, post-decision opportunity to seek revocation by making representations to the Minister under s 501CA.
Discretionary refusal or cancellation under s 501(1), s 501(2), or s 501(3) gives the decision-maker the power — but not the obligation — to refuse or cancel. These decisions are governed by Ministerial Direction 110.
Direction 110 — the framework decision-makers must follow
Ministerial Direction 110, which replaced Direction 99 in 2024, governs how delegates and the AAT consider discretionary character refusals and cancellations under s 501 and revocations under s 501CA. (The version in force on the date of any specific decision should be confirmed via the Department of Home Affairs website.) It sets out:
Primary considerations:
- Protection of the Australian community from criminal or other serious conduct
- Family violence committed by the non-citizen
- The strength, nature, and duration of ties to Australia
- The best interests of minor children in Australia
- Expectations of the Australian community
Other considerations that must also be weighed include:
- Legal consequences of the decision (e.g. potential statelessness, indefinite detention)
- Extent of impediments if removed to the receiving country
- Impact on victims of the non-citizen's offending
- Impact on Australian business interests
A strong submission engages with each of these considerations specifically, with evidence — not abstractly, not generically. The credibility of the affected person's account is critical, particularly on rehabilitation, family violence considerations, and ongoing ties.
The process: NJL → decision → review
1. Natural Justice Letter (NJL)
Before a discretionary refusal or cancellation, the Department generally issues a Natural Justice Letter inviting the affected person to comment and provide submissions on the proposed decision. NJL deadlines are typically 14, 28, or 60 days. The NJL response is the single most important opportunity to influence the outcome at the delegate stage.
2. Delegate decision
A Department delegate makes the decision having regard to the s 501 grounds, the submissions in response to the NJL, and Direction 110. The decision is communicated in writing with reasons.
3. AAT review
A delegate's decision to refuse or cancel a visa under s 501 is reviewable by the Administrative Appeals Tribunal under s 500 of the Migration Act. The lodgement window is generally 9 working days from notification for onshore decisions — significantly shorter than the standard migration review window. Longer windows can apply for some offshore matters. Missing the deadline almost always extinguishes review rights, so the deadline in your decision letter is the priority to identify.
4. Judicial review or ministerial intervention
A negative AAT decision (or decisions made personally by the Minister, which are not AAT-reviewable) may be challenged in the Federal Court or Federal Circuit and Family Court of Australia on legal grounds (jurisdictional error). Section 351 or section 417 ministerial intervention requests may be available in limited circumstances after AAT review.
What strong character submissions look like
- Honest engagement with the grounds. The submission addresses each character ground specifically — not generically. If there is a conviction, it is acknowledged and contextualised.
- Evidence of rehabilitation. Where relevant: programs completed, counselling, employment, time since offending, supervision compliance, community references. Documentary evidence, not just assertions.
- Direction 110 mapping. Submissions explicitly address the primary considerations and other considerations, with weight arguments where appropriate.
- Best interests of children evidence. If minor children in Australia are involved, expert reports (psychologist, social worker) on the impact of refusal/cancellation/removal carry significant weight.
- Country information. Where the receiving country has poor conditions or specific risks for the affected person, current country information establishes the impediments.
For migration agents referring matters
Character matters require legal-style submissions, current knowledge of the prevailing Ministerial Direction and recent AAT decisions, strict deadline management, and frequently AAT or judicial review. This is specialised work that not every migration practice undertakes.
If you are a registered migration agent with a client facing a character refusal, cancellation, or AAT review, WIDEN takes these matters on direct referral. The referring agent's relationship with their client is respected — engagement is by written B2B agreement covering scope, fee, and confidentiality (s 35, Migration Agents Code of Conduct 2022). See our For Migration Agents page for the broader B2B framework.
Get in touch about a character matter
This is general information only. Submission of this form does not create a client-agent relationship. Migration advice is provided under a written service agreement after a paid consultation (s 43, Migration Agents Code of Conduct 2022).
Frequently asked questions
What is the section 501 character test?
Section 501 of the Migration Act 1958 sets out the character test that visa applicants and visa holders must satisfy. A person fails the character test if they have a 'substantial criminal record' (typically 12 months or more of cumulative imprisonment, or a single sentence of 12 months or more, or a conviction for a sexually based offence involving a child), have been associated with an organisation involved in criminal conduct, present a risk to the Australian community, or any of the other grounds in s 501(6). The Minister or delegate has both mandatory and discretionary powers to refuse or cancel a visa on character grounds.
What is the difference between a mandatory and discretionary character decision?
Mandatory cancellation under s 501(3A) applies automatically when the visa holder is serving a full-time custodial sentence and either (a) has a substantial criminal record, or (b) has been convicted of a sexually based offence involving a child. Discretionary refusal or cancellation under s 501(1), s 501(2), or s 501(3) gives the Minister or delegate the power to make the decision based on the character test plus the considerations in the current Ministerial Direction.
What is Direction 110?
Ministerial Direction 110, which replaced Direction 99 in 2024, sets out how decision-makers must consider visa refusals and cancellations on character grounds. It identifies primary considerations (including protection of the Australian community, family violence considerations, and the strength of ties to Australia) and 'other considerations' that must be weighed. The current Direction is binding on delegates and the AAT; consult the Department of Home Affairs website for the version in force on the date of any specific decision.
What is a Natural Justice Letter (NJL)?
Before a delegate refuses or cancels a visa on character grounds (other than in the s 501(3A) mandatory cancellation context), the affected person is generally given a Natural Justice Letter inviting them to comment on the proposed decision and provide submissions. The NJL specifies the grounds being considered and a deadline for response — often 14, 28, or 60 days depending on the matter. The response is the single most important opportunity to influence the outcome.
Can a character decision be reviewed?
Yes, depending on who made the decision. Delegate decisions are generally reviewable by the Administrative Appeals Tribunal (AAT) under s 500 of the Migration Act. The lodgement window is short — typically 9 working days for decisions made and notified onshore (and longer windows may apply for decisions notified outside Australia). Decisions made personally by the Minister are not AAT-reviewable but may be challenged in the Federal Court or Federal Circuit and Family Court of Australia on legal grounds. Ministerial intervention under s 351 or s 417 may also be available in limited circumstances after AAT review.
How long do I have to respond to a Natural Justice Letter or lodge an AAT appeal?
Time limits are short and strict. NJL response deadlines are typically stated in the letter itself (commonly 14, 28, or 60 days). AAT review of a s 501 character decision is generally 9 working days from notification for onshore decisions — among the shortest review windows in the migration system — with longer windows possible for some offshore matters. Missing the deadline almost always extinguishes review rights. If you have received a character decision, the priority is to identify the deadline in your decision letter immediately.
Does a past criminal conviction in another country count?
Yes. Section 501(6) and (7) refer to offences regardless of where they occurred. A conviction in your home country can give rise to a 'substantial criminal record' for character purposes. Spent or expired convictions are generally still considered, though the weight given may vary. Honesty about prior convictions in any visa application is critical — providing false or misleading information can itself trigger cancellation under s 109 of the Migration Act, or refusal of a future application under Public Interest Criterion 4020 (bogus documents / false information). Separately, certain visa cancellations engage PIC 4013, which can impose a re-entry exclusion period.
What's the difference between s 501 character cancellation and s 109 cancellation?
Section 501 cancellations are based on the character test (criminal record, association, risk to community). Section 109 cancellations are based on incorrect or misleading information provided in a visa application or to the Department. Both are serious and both can lead to exclusion. Some matters involve both — for example, a visa application that didn't disclose a prior conviction can attract both s 109 (false information) and s 501 (character) consequences.
Do I need an experienced practitioner to handle a character matter?
Character matters are technically and procedurally distinct from regular visa applications. They involve detailed legal submissions, knowledge of the current Ministerial Direction, careful evidence preparation, strict short deadlines, and frequently AAT or judicial review. This is specialised work that not every migration practice undertakes — some agents refer character matters to practitioners who handle them regularly. WIDEN takes character refusals, cancellations, NJL responses, AAT lodgements, and ministerial intervention requests, including on referral from other migration agents.
Can WIDEN guarantee a positive outcome on a character matter?
No. Section 15 of the Migration Agents Code of Conduct 2022 prohibits any registered migration agent from guaranteeing visa outcomes. What WIDEN can do is review the matter against Direction 110, identify the strongest available submissions, prepare the evidence package, lodge AAT or ministerial intervention requests where appropriate, and represent the applicant through the process — all under a written service agreement issued after a paid consultation.
Related
- For Migration Agents — B2B referral framework for character matters and other specialist work
- Genuine Student Requirement — different test, frequently raised together with character concerns
- Direct contact — for urgent character matters call 02 8188 1887
General information only. This page contains general information about the section 501 character test based on the Migration Act 1958, the Migration Regulations 1994, the current Ministerial Direction, and publicly available Department of Home Affairs and AAT guidance. Legislation, Directions, and procedural rules change; the specific version applicable to any individual matter should be confirmed for the date of decision. This page does not constitute migration advice.
Migration advice on character matters is provided by Keshab Chapagain (MARN 1576536) only after a paid initial consultation under section 43 of the Migration Agents Code of Conduct 2022, with a written service agreement issued before further work commences (section 42). The OMARA Consumer Guide is provided to all clients before the consultation begins.
Outcomes. No registered migration agent can guarantee a visa outcome under s 15 of the Code of Conduct. Specific outcomes depend on the decision-maker, the strength of submissions, evidence, and the application of the current Ministerial Direction to the individual circumstances.
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Complaints. Consumers have the right to make a complaint about a registered migration agent to the Office of the Migration Agents Registration Authority (OMARA). See our Complaints Policy for the internal process and the OMARA complaint pathway.