Visa Cancellation/Refusal Explained: What is Section 501?
What is Section 501?
Section 501 (s.501) of the Act means that your visa application can be cancelled or refused because you have not met at least one of the grounds for the character test. It doesn’t matter if you are holding a temporary or permanent visa. Regardless of how long you have held your visa, overall, it affects all visa holders and visa applicants.
What is the Character Test?
You may not pass the character test due to one the following:
You have been convicted of a substantial criminal record. Mostly, this means that you have been sentenced to a term of imprisonment of 12 months or more.
You committed an offence relating to or during your immigration detention.
It is suspected that you have been or are associated with a group/organisation that is involved in criminal conduct.
It is suspected that you may be involved in serious crimes.
You may not be considered a good character.
Your presence may be a threatening risk to the Australian community.
You have been convicted of certain sexually based offences involving a minor.
You have received an adverse ASIO assessment or may be subject to an Interpol notice.
What Steps Can I Do if I Am or May Be Affected by Section 501 (s.501)?
Ultimately, the main tip is that the quicker you take action, the higher the likelihood of your case.
Received Notice from the Department on Section 501
Your notice from the Department may be through a visa cancellation/refusal or through a Notice of Intention to Consider Cancellation (NOICC) & Notice of Intention to Consider Refusal (NOICR), alternatively, your visa application has been referred to the Visa Applicant Character Consideration Unit (VACCU) with the reason stated section 501 due to character, ensure you follow the steps:
Look for the response period. You will have a limited time to respond to the Department once you receive your notice, so make sure you understand how many days you have and when the last day to respond to the Department is.
Gather and prepare documents and evidence to support and build a compelling response for your matter.
Seek professional advice and assistance to assist in building a strong response with a legal submission. Speak to an Accredited Specialist in Immigration Law who specialises in complex matters.
If you are worried about your visa application due to your history
Seek tailored professional advice from an immigration lawyer, who specialises in s.501 matters, such as an Accredited Specialist in Immigration Law.
Our principal, Jason Ling (Accredited Specialist in Immigration Law), has significant expertise in criminal law. This makes him adept at navigating the connections between these two legal areas. Speak with Jason for a customised visa strategy on the best next steps for your visa.
Start gathering your documents and evidence. The earlier you take action, the more time you and/or your representative are given to prepare a substantial-evidence response.
Client Testimonials
….we call it Support Network
Navigating the immigration law process may be difficult, and our former clients have agreed to share their experiences through telephone chats, emails, and in-person meetings.
These are their stories…
Our Client's Testimonials on Visa Refusal and Visa Cancellation
How Can Agape Henry Crux Help
For doubts or concerns, seek professional assistance before you take any action. Contact Agape Henry Crux, who specialises in circumstances similar to yours. You can schedule an appointment with one of our immigration lawyers to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
