Section 501: When Can the DHA Cancel a Visa on Character?

Section 501 is the most powerful provision in the Migration Act 1958 relating to character. It does not only apply when applying for a new visa — the Department of Home Affairs (DHA) can use it to cancel a visa already in effect, including a permanent resident visa.

What Section 501 Provides

Section 501 allows the Minister for Home Affairs or the DHA to:

• Refuse to grant a visa to a person who fails the character test
• Cancel a visa already in effect held by a person who fails the character test

This applies to every type of visa — including a permanent resident who has lived in Australia for many years.

The Two Grounds for Cancelling a Visa Under Section 501

1. Mandatory cancellation: The DHA must cancel a visa if the person:

• Is serving a term of imprisonment, AND
• Has been sentenced to 12 months’ imprisonment or more in total (a substantial criminal record)

In this case, the DHA has no discretion — it must cancel under the law.

2. Discretionary cancellation: The DHA may cancel a visa if the person fails the character test for other reasons. This is a decision made on discretion, and the person has the right to put their case before the cancellation is made.

The Process When the DHA Considers Cancelling a Visa

1. The DHA issues a Notice of Intention to Consider Cancellation (NOICC)
2. The person has a period (usually 28 days) to lodge a response
3. The DHA considers the entire response
4. A decision is made to cancel or keep the visa
5. If cancelled: the person has the right to appeal to the AAT (in some cases)

What This Means in Practice

• If the visa is cancelled, the person becomes an “unlawful non-citizen” and can be detained and removed
• After a visa is cancelled under Section 501, a permanent ban on entering Australia may apply (s501(6)(e))
• Even a permanent resident who has lived in Australia for 20+ years can be removed in serious Section 501 matters

What Migrant Communities Should Know

Common situations that lead to Section 501:

• A criminal conviction (including for a less serious offence if cumulative sentences exceed 12 months)
• Involvement in domestic violence
• Drug-related offences
• Gang membership

If you are facing a Section 501 process, you need to find a migration lawyer (not just a general migration agent) immediately.