Character and Section 501 Matters
Submissions in response to character concerns under section 501 of the Migration Act, including criminal history, ministerial intervention and revocation requests.
Character Concerns Affecting Your Visa
The character test under section 501 reaches well beyond serious convictions. A pattern of lesser offending, association with a group involved in criminal conduct, or adverse information from a foreign agency can all engage the test, and once it is engaged the consequences can be significant.
Understanding the Character Test
The character test sets out specific circumstances in which a person is treated as failing it, including having a substantial criminal record, being an associate of a person involved in criminal conduct, or there being a risk of harm to the Australian community.
Refusal and Cancellation on Character Grounds
Character concerns can lead to a visa application being refused, or an existing visa being cancelled, and the decision can be made by a delegate or, in some cases, personally by the Minister.
Responding to a Character Concern
Criminal Records and Responding to a Notice
The Migration Act defines a substantial criminal record to include a sentence of 12 months or more, or multiple sentences totalling 12 months or more, and once a person meets that definition the character test is failed regardless of other circumstances. Where a notice is issued, the response should directly address the concerns raised and give the decision maker a complete picture of the person's circumstances.
Personal Circumstances and Community Protection
The best interests of any children affected, and the strength and duration of ties to Australia, are primary considerations under the Direction that applies to these decisions, weighed against protection of the Australian community and the risk of future offending.
Review, Revocation and Time Limits
Delegate decisions usually carry Tribunal review rights, with a shorter, non extendable review period applying to revocation requests. Personal decisions of the Minister are not reviewable on the merits, so advice should be sought immediately on receiving a notice or decision.
How Shah & Co Lawyers can assist
Character matters carry real time pressure, so we get across the sentencing and personal history material immediately.
Character Submissions
Submissions in response to notices of intention to consider refusal or cancellation under section 501.
Revocation Requests
Revocation requests under section 501CA following mandatory cancellation.
Tribunal Review
Review of section 501 decisions where review rights exist.
Coordination With Criminal Lawyers
Working with criminal lawyers on sentencing material and rehabilitation evidence.
Supporting Evidence
Evidence from family, employers, community members and treating practitioners.
Country Information
Country information on conditions if returned, where relevant to the discretion.
Frequently asked questions
General information only. Every matter turns on its own facts.
Other immigration law services
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Advice and representation following the refusal of a visa application, including assessment of merits review rights and preparation of review applications within the statutory time limits.
Learn moreVisa Cancellations
Notices of intention to consider cancellation under sections 116 and 501, responses to the Minister or delegate, and merits review of cancellation decisions.
Learn moreMerits Review
Applications to the Administrative Review Tribunal (Migration and Refugee jurisdiction) for review of visa refusal and cancellation decisions, including preparation of submissions and representation at hearing.
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Protection visa applications under Australia's protection obligations, including complementary protection, statements of claim and Tribunal review where required.
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Onshore and offshore partner visa applications, including prospective marriage visas, evidence of a genuine and continuing relationship and dealing with sponsorship issues.
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Parent, child, remaining relative and other family visa applications, including queue dates, balance of family test and assurance of support.
Learn moreGet urgent advice if you are facing a character related visa issue.
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