Common reasons for cancellation include criminal convictions, security concerns, or associations with criminal groups. The Department may also issue a Notice of Intention to Consider Cancellation (NOICC), giving you an opportunity to respond before a final decision.
s501 Visa Cancellations & Notices of Intent to Consider Cancellation (NOICC)
Have You Received a Visa Cancellation Under Section 501 of the Migration Act 1958?
Section 501 of the Migration Act 1958 grants the Minister power to refuse or cancel a visa if an individual fails the character test.
When assessing whether an individual meets the character test, the Minister considers past and present general and criminal conduct. The legal test is outlined in Section 501(6) of the Migration Act 1958.
Common Reasons for Failing the Character Test
- Having a substantial criminal record (defined in Section 501(7) of the Act).
- Being convicted of a sexually based offence involving a child (even if discharged).
- Committing a crime while in immigration detention or escaping detention.
- Being associated with a criminal group, organisation, or person, or being suspected of such involvement.
- Engaging in trafficking in persons, genocide, war crimes, crimes against humanity, torture, or slavery.
- Receiving an adverse or qualified security assessment from ASIO.
- Having an Interpol notice that indicates a risk to the Australian community.
What Happens If You Receive a Visa Cancellation Notice?
The Department of Home Affairs can:
- Mandatorily cancel a visa (without prior notice) in certain circumstances.
- Issue a Notice of Intention to Consider Cancellation (NOICC), giving the visa holder an opportunity to respond before a final decision is made.
What Are Your Next Steps?
If you receive a visa cancellation notice, you must act quickly and strategically. Strict time limits apply, and failure to respond within the given timeframe may result in automatic cancellation.
1. Prepare a Strong Response
- Your response to the Department must be comprehensive, legally sound, and well-supported by evidence.
- Every document or statement you submit can be used against you, so careful preparation is critical.
2. Seek Review at the Administrative Appeals Tribunal (AAT)
- If your visa has been cancelled, you may have the right to appeal the decision at the AAT.
- AAT reviews are subject to strict deadlines, so immediate legal assistance is essential.
How Global Vision Migration Can Assist You
At Global Vision Migration, we provide expert legal representation for individuals facing visa cancellations under Section 501. Our services include:
- Assessing the grounds for cancellation and advising on your legal options.
- Preparing a strong submission to prevent the cancellation of your visa.
- Challenging visa cancellations at the Administrative Appeals Tribunal (AAT).
- Gathering supporting evidence and presenting legal arguments to advocate for your case.
- Representing you at hearings before the Department, Tribunal, or Courts.
Need Help with a Visa Cancellation?
If you have received a Notice of Intention to Consider Cancellation (NOICC) or have already had your visa cancelled, contact Global Vision Migration immediately for professional assistance.
Book a consultation today to discuss your case and explore the best course of action to protect your visa status.
Schedule a Consultation with Global Vision Migration for Expert Immigration Advice and Assistance
FAQs fors 501 Visa Cancellations
Yes. You may have options to request revocation, appeal to the Administrative Appeals Tribunal (AAT), or seek judicial review. Strict deadlines apply, so immediate legal assistance is crucial.
You must respond within the given timeframe with a strong, well-supported legal submission. Every document or statement you provide is critical, so expert legal guidance is highly recommended.
Failure to respond within the strict deadline may lead to automatic visa cancellation. This could result in detention and deportation, severely impacting your future in Australia.
Immediately. The sooner you act, the better your chances of successfully challenging the cancellation. Contact Global Vision Migration today for urgent assistance.
