Australia has strict immigration laws that can lead to visa cancellations under section 501 of the Migration Act 1958. This provision gives the Minister for Immigration the power to cancel a visa if the holder fails the character test. For visa holders, receiving a notice under section 501 can be life-changing, potentially resulting in detention or removal from the country. At IR Legal, we assist individuals facing these situations with expert legal support and representation.
What Is Section 501?
Section 501 of the Migration Act allows the Australian Government to refuse or cancel a visa if the person is deemed not to pass the character test. Common reasons include:
- A substantial criminal record (e.g., imprisonment for 12 months or more)
- Conviction of child sexual offences
- Association with individuals or groups involved in criminal conduct
- Reasonable suspicion the person may engage in criminal activity or pose a threat to the Australian community
This applies to both temporary and permanent visa holders, including long-term residents who have spent most of their lives in Australia.
What Happens If Your Visa Is Cancelled?
If your visa is cancelled under section 501, you immediately become an unlawful non-citizen, which can lead to immigration detention and removal from Australia. A visa cancellation may also trigger a re-entry ban, making it much harder to return to Australia in the future.
Importantly, a section 501 cancellation affects all visas the individual holds or has previously held, not just the one currently in use.
Can You Challenge the Decision?
Yes, but acting quickly is critical. If a delegate of the Minister makes the decision, it may be reviewable by the Administrative Review Tribunal (ART), which replaced the former Administrative Appeals Tribunal (AAT) in 2024.
However, if the Minister personally cancels your visa using their discretionary powers, the decision is not reviewable by the ART. In such cases, your only recourse may be judicial review in the Federal Court, focusing on legal errors in the decision-making process.
At IR Legal, we represent clients in both tribunal reviews and court proceedings, ensuring they receive high-quality legal advice and advocacy. Our team has successfully assisted numerous clients in avoiding removal from Australia by challenging section 501 cancellations, securing visa reinstatements, and achieving positive outcomes.
Why Choose IR Legal?
At IR Legal, we understand that a 501 cancellation can disrupt families, careers, and entire lives. Our lawyers are experienced in navigating the complexities of immigration law, particularly in high stakes matters like section 501. We provide practical advice and strong representation tailored to your circumstances.
If you or someone you know is facing visa cancellation under section 501, contact IR Legal today at www.irlegal.lawyer to book a confidential consultation.
