Is this your situation?
Your visa was refused or cancelled because you failed the character test under section 501 of the Migration Act. You may have a criminal record, spent time in prison, or been assessed as a risk to the Australian community.
What the character test involves
Section 501 requires visa applicants and holders to pass a character test. You fail the test if you have a substantial criminal record (a sentence of 12 months or more imprisonment, whether or not served), if the Minister reasonably suspects involvement in criminal conduct, if you are a member of a group involved in criminal conduct, or if your past and present conduct shows you are not of good character.
The character test captures a wide range of situations, from serious violent offending to involvement with organised crime to patterns of lesser offending.
Why this is serious
Section 501 refusals and cancellations are among the most severe outcomes in migration law. A mandatory cancellation under section 501(3A) applies automatically if you have been sentenced to 12 months or more imprisonment and are serving a sentence or are in immigration detention. The Department has no discretion.
A section 501 cancellation can result in permanent exclusion from Australia unless the Minister personally decides to revoke it under section 501C.
Your options
For discretionary section 501 decisions, ART review may be available depending on the specific provision used. For mandatory cancellations, the process is different: you make representations to the Minister for revocation. Your representations should address your ties to Australia, the impact on Australian citizen family members (especially children), rehabilitation efforts, the nature of your offending and how long ago it occurred, your connection to your country of origin, and any hardship that removal would cause.
How Bullseye Consultant can help
Amanpreet Bhangoo (MARN 1573884) handles character test matters. Call (07) 3519 7009.
FAQ
Q: Do I have to disclose spent convictions?
For immigration purposes, yes. You are generally required to disclose all convictions including spent convictions. The Department conducts its own checks and non-disclosure is treated very seriously, potentially triggering PIC 4020.
