s501 Visa Cancellations

s501 Visa Cancellations & Notices of Intent to Consider Cancellation (NOICC)

Have you received a visa cancellation under section 501 of the Migration Act 1958?

Section 501 of the Migration Act 1958 (‘the Act’) grants the Minister power to refuse and/or cancel a visa if the Minister is satisfied that an individual does not pass the character test.

In determining whether an individual passes the character test, the Minister will have regard to their past and present general and criminal conduct.

The test itself is outlined in Section 501(6) of the Migration Act 1958.

Some examples which constitute failure of the character test include, but are not limited to:

• An individual having a substantial criminal record (which is explored in Section 501(7) of the Act)
• Being convicted of a sexually based offence involving a child (regardless of whether this was discharged)
• Being convicted of a crime whilst in immigration detention. This includes during an escape of immigration detention (which in itself can be grounds for not passing a character test) or anytime thereafter escaping detention.
• If an individual has been in or associated with a criminal group, organisation, or person (or if the Minister reasonably suspects the individual has been)
• If an individual has been involved in conduct, whether in Australia or overseas, constituting trafficking in persons, the crime of genocide, a crime against humanity, a war crime, or a crime involving torture or slavery.
• If an individual has been subject to an adverse or qualified security assessment by ASIO
• There is an Interpol notice in force against the applicant or visa holder

If you have received a cancellation or Notice of Intention to Consider Cancellation from the Department your next steps are very important.

The Department of Home Affairs can directly cancel a visa (mandatory cancellation) without providing you any notice (in limited circumstances) otherwise they must notify you that they are considering cancelling your visa.

Received a Visa Cancellation Notice under Section 501? What Are Your Next Steps?

Once you receive your notice from the Department it is critical that a well-represented and detailed response advocating your position is put forward to the Department which they must consider. It is important that accompanying supporting documentation is also provided.

If your visa has been cancelled directly, you may have the ability to have the cancellation reviewed at the Administrative Appeals Tribunal (AAT) or relevant Courts.

How can we help?

Ethos Migration Lawyers have successfully represented many visa holders (and former visa holders) to avoid a visa cancellation or have their visa cancellation revoked.

Part 5 of the Migration Act set’s out which visa cancellations by the Department can be reviewed/appealed. If you have received a cancellation that you think may be eligible for review, please contact us.

Ethos Migration Lawyers will fully review your matter providing frank advice on prospects of appeal (remember, the tribunal can only work within the law, so it is our role to demonstrate how the Department has misinterpreted the law, or has made an unlawful decision), we will prepare all aspects of the appeal including written submissions to the Department/Tribunal or Court, assist in the preparation and collection of evidence to be used, provide representation and advocate for our clients relentlessly.

If you have any questions about visa cancellations, or would like to speak to one of our immigration lawyers and registered migration agents for more information on Australian visas get in touch with Ethos Migration Lawyers today.