Section 501
A substantial criminal record starts at a prison sentence of 12 months or more, alone or as several terms adding up to 12 months, and since 22 January 2026 the test also covers membership of hate groups, hate crimes and hate speech. These rules appear in s 501 of the Migration Act 1958, as amended by the Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026.
After a mandatory cancellation, the request to revoke it must be made within 28 days of the notice (Migration Regulations reg 2.52).
The opening summary does not resolve every mandatory-cancellation case: do not assume that several shorter sentences totalling 12 months trigger that route. The precise sentencing basis for mandatory cancellation needs checking separately from the broader definition of a substantial criminal record.
Section 501 route card
| Route | Who decides | Natural justice before the decision? | What you can do |
|---|---|---|---|
| Refusal, s 501(1) | Minister or delegate | Yes | Show you pass the character test, or address the relevant Direction 110 factors |
| Discretionary cancellation, s 501(2) | Minister or delegate | Yes: a notice of intention first | Respond by the date in the notice; have that deadline checked |
| Personal refusal or cancellation, s 501(3) | The Minister personally, in the national interest | No | Make revocation representations within 7 days under reg 2.52(2)(a) |
| Mandatory cancellation, s 501(3A) | Required by law when the full-time imprisonment and specified character grounds are met | No | Ask for revocation within 28 days under reg 2.52(2)(b) |
The routes differ under the Migration Act 1958, s 501(1)–(5); the revocation representation periods are prescribed by the Migration Regulations 1994, reg 2.52. The 28-day period is not a universal deadline for every character notice.
What is section 501 of the Migration Act?
Section 501 of the Migration Act 1958 is the power to refuse a visa under subsection (1), cancel a visa under subsection (2), make a personal national-interest decision under subsection (3), or require mandatory cancellation in specified cases under subsection (3A). In compilation 171, in force from 4 June 2026, subsection (6) sets out the character test and subsection (7) defines a substantial criminal record, while subsection (5) excludes natural justice for the personal and mandatory routes. It is a legal power, not a visa subclass: a “501 visa” means a visa affected by a decision under that provision.
The character test
The character test is broader than a check for convictions. Section 501(6) of the Migration Act 1958 and Home Affairs’ Character requirements for visas identify grounds including:
- A substantial criminal record, as defined in s 501(7).
- Child sex offences.
- Association with people or groups involved in criminal conduct.
- Risk of harassment or danger to the community, among other specified risks.
- An Interpol notice.
- An adverse ASIO assessment.
- Membership of hate groups, hate crimes and hate speech, covered by the changes commencing on 22 January 2026.
This is a summary, not an exhaustive reproduction of every statutory limb. A response should address the particular ground identified in the notice rather than assume that a clear police certificate answers every character concern.
Under the Migration Act 1958, s 501(7), a substantial criminal record includes being sentenced to death, life imprisonment, a term of imprisonment of 12 months or more, or two or more terms totalling 12 months or more. The sentence imposed is therefore central to this definition; the question is not simply whether someone has a conviction.
“Character test” is also used for personality quizzes; this page concerns the legal test for Australian visas.
For the document requirements, see police check for partner visa Australia. Home Affairs’ Character requirements for visas specifies an AFP National Police Check using Code 33 for Australia and does not accept state or territory police certificates; overseas certificates may also be required.
Refusal and cancellation under s 501
Refusal concerns an application; cancellation concerns a visa already held. Under the Migration Act 1958, s 501(1), the Minister may refuse if the person does not satisfy the Minister that they pass the character test. Under s 501(2), the Minister may cancel if they reasonably suspect the person does not pass and the person does not satisfy them otherwise.
Natural justice applies to discretionary cancellation under s 501(2). By contrast, the Migration Act 1958, s 501(3) and (5), permits the Minister personally to refuse or cancel without natural justice where the statutory national-interest requirements are met.
If you receive a notice of intention, distinguish the allegation from the proposed decision. Gather the notice, police certificates and sentencing records, and have the response deadline checked. This page does not give a standard number of days for responding to a s 501(2) notice.
A visa cancelled on character grounds can also restrict future applications. Home Affairs’ Form 1026i, explaining the Migration Act 1958, s 501E, states that a relevant character refusal or cancellation since the person’s last arrival prevents further applications in Australia except for a protection visa.
For relevant applications made outside Australia, the Migration Regulations 1994, Schedule 5, special return criterion 5001, addresses earlier character refusals, cancellations and deportation. An offshore application is therefore not automatically a way around the earlier decision.
Hiding a record is a separate issue from failing the character test: false or materially misleading information can engage the Migration Regulations 1994, PIC 4020. See what is PIC 4020.
Mandatory cancellation and revocation
28 days is the period for making revocation representations after mandatory cancellation under the Migration Regulations 1994, reg 2.52(2)(b). Home Affairs’ Character requirements for visas states: “You will have 28 days to request revocation of a mandatory cancellation.”
The Migration Act 1958, s 501(3A), concerns a person serving full-time imprisonment in a custodial institution for an offence against Australian law, where the specified criminal-record or child-sex-offence ground is met. Section 501(5) means there is no natural justice process before that mandatory decision.
The broader substantial-criminal-record definition includes aggregated sentences, but the precise sentence categories that trigger mandatory cancellation need separate checking. Where several shorter terms are involved, obtain advice on the actual sentencing orders rather than rely on their total alone.
Revocation means asking for the cancellation decision to be undone. A lawyer can identify the ground relied on, check the notice and notification details, organise the supporting records, and prepare representations addressing the relevant considerations. Keep the complete notice and any envelope, email or other delivery record.
For a personal decision under s 501(3), the Migration Regulations 1994, reg 2.52(2)(a), prescribes 7 days for the relevant revocation representations—not the mandatory-cancellation period of 28 days.
Do not assume extra time will be available. This page does not establish whether the revocation period can be extended; have the deadline checked immediately.
Direction 110: what the decision-maker weighs
Home Affairs’ Character requirements for visas says officers take into account Ministerial Direction No. 110, a direction under the Migration Act 1958, s 499. Three relevant considerations are:
- Family violence conduct — evidence about such conduct is relevant to the character decision.
- The best interests of minor children in Australia — the response should identify the children affected and evidence about their circumstances.
- The strength, nature and duration of ties to Australia — the response should explain those ties with supporting records.
Direction 110 contains more considerations than these three, so this list is not a complete submission checklist.
Section 501 and partner visa applicants
If you apply for a partner visa in subclasses 820, 801, 309, 100 or 300, the Migration Regulations 1994 includes PIC 4001, the character criterion connected with s 501; family members who are not applying must also meet the relevant character requirement.
For a partner applicant, the sponsoring partner can form part of their ties to Australia, and children in Australia bring their interests into the Direction 110 assessment. Family violence conduct must also be addressed; a relationship does not remove that consideration.
The sponsor’s sponsorship is assessed under a separate regime, not under s 501. The Migration Regulations 1994, regs 1.20KC–1.20KD, deals with a sponsor convicted of a relevant offence who also has a significant criminal record, subject to the statutory provision allowing approval where the Minister considers it reasonable.
For a later offshore subclass 309 or 300 application, the Migration Regulations 1994 also requires relevant applicants who have previously been in Australia to meet special return criterion 5001.
Is a “501 visa” a type of visa?
No. Section 501 of the Migration Act 1958 is a power to refuse or cancel on character grounds; “501” describes the decision, not a visa subclass.
What is a substantial criminal record in Australia?
Under the Migration Act 1958, s 501(7), it includes a death sentence, life imprisonment, a prison term of 12 months or more, or two or more terms totalling 12 months or more.
Can someone who fails the character test still be granted a visa?
Yes, possibly. The Migration Act 1958, s 501(1), says the Minister may refuse, rather than requiring refusal in every case; Home Affairs identifies Direction 110 as relevant to officers’ character decisions. That is not a prediction about any individual application.
After a s 501 cancellation, can I apply for a partner visa in Australia?
No. Home Affairs’ Form 1026i explains that a relevant s 501 refusal or cancellation since your last arrival blocks further applications in Australia except for a protection visa. A relevant offshore subclass 309 or 300 application must also meet special return criterion 5001 under the Migration Regulations 1994.
When section 501 needs a lawyer
A section 501 notice needs prompt attention because the Migration Regulations 1994 prescribes the 28-day mandatory-cancellation revocation period, while Direction 110 calls for evidence about relevant considerations. For a partner visa matter, an Australian migration lawyer can check the applicant’s ties, children’s circumstances, and the sponsor’s separate rules, then check the evidence for gaps and inconsistencies before preparing a response. Ask for a written quote stating the work included, GST and any additional expenses.
For the two-sided overview, see character requirements for applicants and sponsors. For help understanding a cancellation notice, see visa cancellation.
On a section 501 notice, ask an Australian migration lawyer to address the relevant Direction 110 factors and meet the 28-day revocation period if mandatory cancellation has occurred.