Character refusal and cancellation under section 501

Section 501 of the Migration Act lets the government refuse or cancel a visa if a person does not pass the character test. The review time limit can be as short as 9 days, so the date on the letter matters.

The short answer

Section 501 of the Migration Act 1958 lets a visa be refused or cancelled where a person does not pass the character test. A delegate of the Minister can decide under section 501(1) or 501(2), and in that route the person is invited to respond first. A separate mandatory route applies to some people in prison: see mandatory cancellation under section 501(3A).

The character test

A person fails the test if, for example, they have a substantial criminal record. That includes a sentence of imprisonment of 12 months or more, or two or more sentences totalling 12 months or more. Concurrent terms are counted in full. Other limbs cover association with criminal groups, past and present criminal or general conduct, risk of future conduct, sexual offences involving a child, and risk to security. The current Act also has a limb about spreading hatred and extremism.

Under section 501(2), cancellation is possible if the Minister reasonably suspects the person fails the test and the person does not satisfy the Minister that they pass it. The notice before a decision is the character version of a notice of intention to consider cancellation. Home Affairs wording for those notices could not be retrieved when this page was checked.

Ministerial Direction 110

Decision-makers must follow a direction made under section 499. The version this site found in force on 16 October 2026 is Direction 110, which commenced on 21 June 2024. It states, among other principles, that the safety of the Australian community is the highest priority, and that Australia may afford a higher level of tolerance to non-citizens who have lived in the community for most of their life or from a very young age.

A law firm article dated 28 September 2026 reports that a newer direction, Direction 123, will replace Direction 110 from 31 October 2026. This site has not been able to verify that from a primary source, so treat it as unconfirmed and check the current direction. The directions do not change the statutory time limits.

Review at the ART

A delegate's decision under section 501, or a delegate's decision not to revoke a mandatory cancellation (section 501CA(4)), about a person in the migration zone goes to the Administrative Review Tribunal as an expedited review. The application must be lodged within 9 days of notification, and the ART says it has no power to extend that time. The ART must decide within 84 days; if it does not, the original decision is taken to be affirmed. The ART's July 2026 fact sheet says that if the ninth day is a Saturday, Sunday or public holiday, the application must be lodged by the next working day.

Section 500(6H) says the ART must not take into account information given orally in support of the person's case unless it was set out in a written statement given to the Minister at least 2 business days before the hearing. The standard fee for this stream is A$1,195. The same fact sheet lists a reduced fee of A$100 for some applicants, including people in prison or immigration detention, people granted legal aid, and holders of some concession cards.

For non-expedited character reviews, for example where the person is outside Australia, the ART says applicants usually have 28 days and can apply to extend. Section 501G requires the decision letter to state the time in which a review application may be made.

What the ART cannot review

The ART cannot review a decision under section 501 or 501CA that the Minister made personally. It cannot review a mandatory cancellation itself; the person must first ask the department for revocation. The letter must state review rights and the time limit (section 501G).

See which visa refusals can the ART review and ministerial intervention explained.

Next step

Nine days is a short period, and the ART cannot extend it. For help with a particular letter, the options are a registered migration agent, an Australian lawyer or a free legal service; see hiring a section 501 lawyer. This guide covers the general framework only and is not legal advice or immigration assistance. The decision letter sets out the review rights and time limit that apply to it.