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Mandatory Visa Cancellation 501(3A) and Revocation 501CA Australia 2026
Section 501(3A) creates a mandatory visa-cancellation regime for certain people serving a full-time sentence of imprisonment in a custodial institution. It operates differently from the ordinary discretionary cancellation power in section 501(2).
When must a visa be cancelled under section 501(3A)?
The Minister must cancel the visa if the person is serving a full-time sentence of imprisonment and fails the character test because of specified grounds. Those grounds include a substantial criminal record based on a death sentence, life sentence or a term of imprisonment of 12 months or more, or the child sexual-offence limb in section 501(6)(e).
Legislation: Migration Act 1958 — section 501(3A).
What happens after mandatory cancellation?
Section 501CA requires the person to be given notice of the cancellation and relevant information and to be invited to make representations about revocation. Regulation 2.52 requires section 501CA representations to be made within 28 days after the person is given the notice and relevant information.
Current regulation: Migration Regulations 1994 — regulation 2.52.
When can the cancellation be revoked?
Under section 501CA(4), the cancellation may be revoked if representations are made in accordance with the invitation and the Minister is satisfied either that the person passes the character test or that there is another reason why the original cancellation should be revoked.
Direction No. 110
Direction No. 110 applies to relevant delegate and Tribunal decisions involving section 501 and section 501CA. It sets out primary and other considerations for the exercise of the discretion, including protection of the Australian community and other factors specified in the Direction.
Why the 28-day period matters
The statutory and regulatory framework makes timing critical. Evidence and submissions about rehabilitation, family consequences, community ties, risk, expectations of the Australian community and other relevant considerations should be identified quickly and prepared against the actual decision record and current Direction.
For general court-review principles, see Migration Judicial Review Australia 2026.
