What is a Section 501 Character Assessment?

Section 501 of the Migration Act gives the Minister or a delegated officer the power to refuse or cancel 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
  Permanent residents may be denied re-entry if they fail the character test.
• Skilled Migration Visas (subclass 189, 190, 491)
  Past criminal convictions or police matters can result in refusal despite meeting all other criteria.
• Partner Visas (subclass 820/801, 309/100)
  Applicants with criminal records may be refused even where the relationship is genuine.
• Bridging and Temporary Visas
  Section 501 character cancellations are common for bridging visa holders facing criminal charges.

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.

Received a Notice Under Section 501?

If your visa was refused or cancelled due to character, you must act quickly.

📞 Book a consultation with Tolic Lawyers to get expert advice on your options, whether you’re facing a  visa refusal or cancellation.