Character cancellations · section 501

Visa cancelled on character grounds.

A section 501 cancellation can mean detention and removal from the life you have built here. We prepare your response, gather the evidence and argue your case.

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Mandatory cancellation and revocation.

If you are serving a full-time prison sentence and have a substantial criminal record, your visa is cancelled automatically. A sentence of 12 months or more counts, including sentences added together.

You then have 28 days to ask for the cancellation to be revoked. This request is often your best chance, so it needs to be complete and supported by evidence.

A notice that Home Affairs may cancel.

Home Affairs may write to you before it decides. Your reply is the evidence the decision-maker will weigh.

We set out your ties to Australia, the best interests of any children, your rehabilitation and the risk of reoffending. We address each point the decision-maker must consider under the current Ministerial Direction.

Review at the Administrative Review Tribunal.

If a delegate refuses to revoke or decides to cancel, you may be able to apply to the Tribunal. You have 9 days to apply.

These hearings run much like a trial, with evidence, witnesses and cross-examination. We prepare you, your family and your supporters, and we represent you at the hearing.

Family, employers and supporters.

Letters from family, employers and community members carry weight when they are specific. We tell your supporters what to address and help them give evidence at the hearing.

Frequently asked questions

I am in prison. Can you help?

Yes. We can take instructions from you in custody and work with your family. Ask your family to contact us as soon as the cancellation notice arrives.

Does a suspended sentence count?

It can. A suspended term of imprisonment can count towards a substantial criminal record. If you have not yet been sentenced, get advice on the visa consequences before the sentencing hearing.

Can you guarantee my visa will be restored?

No. Nobody can promise a decision. We can promise a clear view of your prospects, a complete and well-evidenced case, and that we will meet every deadline.

What if I miss the 9-day deadline?

The Tribunal cannot extend it. Contact us anyway, because other options may still be open depending on what has been decided.

Official information

Read the current government guidance alongside advice for your circumstances.

Reviewed by Paula McGeown, Principal Lawyer · Updated

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