Urgent: Facing Visa Cancellation
or Refusal Under Section 501?
Receiving a notice that your Australian visa may be cancelled on character grounds is one of the most serious immigration issues you can face. It can lead to detention, removal from Australia, and a permanent ban on returning.
The law in this area is complex and the deadlines are incredibly strict. You do not have to face this alone. Our expert immigration lawyers specialise in character cancellation cases and can provide the urgent, strategic representation you need.
Under Section 501 of the Migration Act 1958, the Australian Government can refuse or cancel a visa if a person is not considered to be of 'good character'. You may fail the character test if:
You have a substantial criminal record. This has a specific legal definition, often involving a sentence of imprisonment for 12 months or more.
You have been convicted of, or associated with, crimes related to people smuggling, human trafficking, genocide, war crimes, or crimes against humanity.
Your past and present conduct shows you are not of good character. This is a broad, catch-all provision.
There is a risk you will engage in criminal conduct in Australia, harass, molest, intimidate or stalk another person, vilify a segment of the community, or incite discord.
You are a member of, or associated with, a group or organisation suspected of being involved in criminal conduct.
Mandatory vs. Discretionary Cancellation
It's crucial to understand how your visa was cancelled, as this determines your next steps.
Mandatory Cancellation
If you are serving a full-time prison sentence for a serious offence, the Minister must cancel your visa. The process is automatic. Your only path forward is to apply for a revocation of the cancellation, which is extremely difficult to achieve without expert legal help.
Discretionary Cancellation
In other cases, the Minister (or their delegate) has the discretion to cancel your visa. You will typically first receive a 'Notice of Intention to Consider Cancellation' (NOICC). This is your critical opportunity to present your case and argue why your visa should not be cancelled.
How We Can Fight For You
Whether you are responding to a NOICC or seeking a revocation of a mandatory cancellation, you have a limited time to act. Our experienced lawyers will help you build the strongest possible case by:
Analysing Your Case: We will thoroughly review the Department's reasons and identify the key legal arguments to challenge the decision.
Gathering Compelling Evidence: We guide you in collecting powerful supporting evidence, including personal statements, letters of support from family and employers, psychological reports, and proof of rehabilitation.
Drafting Powerful Legal Submissions: We prepare a detailed and persuasive submission addressing the key considerations the Department must weigh.
Representation at the Tribunal: If the initial decision is not overturned, we can represent you in an appeal to the Administrative Appeals Tribunal (AAT).
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