What is a Section 501 Character Assessment?

Section 501 of the Migration Act gives the Minister or a delegated officer the power to refuse a visa if the applicant does not pass the character test. 

The test includes various grounds, including:

• A substantial criminal record (e.g., imprisonment for 12 months or more)
• Association with persons or groups reasonably suspected of criminal conduct
• Past or present criminal, violent, or harmful behaviour
• Risk that the person might engage in criminal activity or threaten public safety if allowed to enter or remain in Australia
• Convictions for offences such as domestic violence, drug trafficking, child exploitation, or fraud.

 

Who Is Affected?

Section 501 assessments apply across all visa subclasses, including:

Subclass 155 – Resident Return Visa

Skilled Migration Visas (subclass 189, 190, 491 and 191)

Partner Visas (subclass 820/801, 309/100 and 300)

Temporary Work Visas (482,400,407,494)

Permanent work visa (186)

Visitor visa applicant (600)

Ministerial Direction 110 – What Must Be Considered?

When deciding whether to refuse or cancel a visa under section 501, the Department must act in line with Ministerial Direction 110, which outlines primary and other considerations, including:

✅ Protection of the Australian community
✅ Best interests of minor children in Australia
✅ Expectations of the Australian community
✅ Strength, nature and duration of ties to Australia
✅ Evidence of rehabilitation and risk of reoffending
✅ Impact on family members, particularly Australian citizens and permanent residents

We focus on building persuasive arguments addressing your rehabilitation, family ties, and low risk of reoffending, tailored to the Department’s key considerations.

Recent case

Our client was a skilled professional sponsored by an Australian employer under the 482 visa. During the Department’s assessment, it was identified that the client had a criminal record with a sentence exceeding 12 months, relating to an offence that occurred more than seven years ago.

Although the conviction was old and the client had demonstrated significant rehabilitation, the matter was automatically referred to the Visa Applicant Character Consideration Unit (VACCU) under section 501 of the Migration Act 1958 for further review on character grounds.

Our Approach

Our legal team at Tolic Lawyers prepared a comprehensive submission addressing:

• The client’s rehabilitation and reform since the offence;
• Employment stability and positive contribution to the Australian workforce;
• The low risk of reoffending, supported by professional and personal references; and
• The disproportionate hardship the client and their employer would face if the visa were refused.

We also referenced key factors outlined in Ministerial Direction No. 110, ensuring that the arguments aligned with the Department’s character test framework and VACCU’s key decision-making criteria.

Outcome

After a seven-month review period, the VACCU accepted our submissions and the Subclass 482 visa was granted.
This outcome allowed our client to continue their employment and remain lawfully in Australia with their family.

Has your visa been referred to VACCU unit for further assessment?

At Tolic Lawyers, we focus on developing strong and persuasive submissions that address your rehabilitation, family ties, community contribution, and low risk of reoffending — factors that are central to the Department of Home Affairs and the Visa Applicant Character Consideration Unit (VACCU) when assessing section 501 visa cancellation or refusal cases.

Whether you hold a student visa, partner visa, temporary visa, or permanent residency, our experienced migration lawyers in Sydney will prepare tailored legal arguments that demonstrate to address Ministerial Direction 110 and relevant primary and other factors of

💬 Facing a Section 501 Visa Cancellation or Character Refusal?
Act quickly — strict time limits apply to respond to VACCU or appeal a decision.