Character Test Australia 2026: Section 501 Visa Refusal and Cancellation Explained

5 days ago

2 min read

Section 501 of the Migration Act 1958 gives decision-makers powers to refuse or cancel visas on character grounds. The character test is broader than criminal convictions alone and applies both when a person seeks a visa and, in relevant circumstances, after a visa has already been granted.

What is the section 501 character test?

A person does not pass the character test if any statutory limb in section 501(6) applies. These include a substantial criminal record, certain immigration-detention offences, association or membership concerns, past and present criminal or general conduct, specified risks to the Australian community, child sexual offences, serious international crimes, adverse security assessments and certain Interpol notices.

Legislation: Migration Act 1958 — section 501.

What is a substantial criminal record?

Section 501(7) includes, among other things, a sentence of imprisonment for 12 months or more, two or more terms totalling 12 months or more, life imprisonment or a death sentence. The Act contains detailed rules about concurrent sentences, periodic detention, residential programs, pardons and related matters.

Passing the test does not end every character issue

Section 501 contains both objective and discretionary elements. In a discretionary refusal or cancellation case, the decision-maker must apply the Act and any binding ministerial direction. Direction No. 110 currently guides relevant section 501 refusal, cancellation and section 501CA revocation decisions and places strong emphasis on protection of the Australian community.

Current direction: Ministerial Direction No. 110.

Disclosure obligations

Home Affairs requires visa applicants to declare criminal charges and convictions and to answer character questions truthfully. Police certificates, Form 80, a Statement of Character and other records may be requested.

Department guidance: Character requirements for visas.

Review and court proceedings

Review rights depend on who made the decision, the provision used and the person's circumstances. Some delegate character decisions can be reviewable by the Administrative Review Tribunal under special statutory rules, while personal ministerial decisions may have different review consequences. Judicial review is concerned with legal error rather than a fresh merits decision.

See our ART Migration and Protection Review 2026 guide.

For court review principles, see Migration Judicial Review Australia 2026.