I was convicted of a drug offence 10 years ago. Can my visa be cancelled under s501?

It depends on the sentence imposed. If you received a sentence of 12 months or more, you have a substantial criminal record and fail the character test. The Department can cancel your visa at any time, regardless of how long ago the conviction occurred. However, the time that has passed and evidence of rehabilitation are relevant to whether the Minister should exercise the discretion to cancel.

I received a s501 cancellation notice. I only have 9 days to appeal. What should I do?

Contact an immigration lawyer immediately. The 9-day deadline for s501 ART appeals is absolute — missing it means losing your right to merits review. I can lodge an urgent ART application and prepare the necessary submissions. Do not delay.

Section 501 Visa Cancellation: What You Need to Know

Section 501 of the Migration Act 1958 gives the Minister for Immigration — and their delegates — the power to refuse or cancel a visa on character grounds. If your visa has been cancelled under s.501, you are facing one of the most serious situations in Australian immigration law.

What Is the Character Test?

Under s.501, a person does not pass the character test if they:

1. Have a Substantial Criminal Record This includes:

A sentence of imprisonment of 12 months or more (whether served or suspended)
Two or more sentences of imprisonment where the total is 12 months or more
Being found guilty of a sexually based offence involving a child

2. Are a Member of a Group or Organisation Involved in Criminal Conduct

3. Are Assessed by ASIO as a Risk to Security

4. Have a Risk of Engaging in Criminal Conduct, Harassment, or Vilification in Australia

5. Have Been Convicted of Certain Offences While in Immigration Detention

The Cancellation Process

Mandatory Cancellation (s.501(3A))

If you have a "substantial criminal record" (generally 12 months or more imprisonment), the Minister must cancel your visa. There is no discretion — the cancellation is automatic.

Discretionary Cancellation (s.501(2))

If you do not pass the character test but do not have a substantial criminal record, the Minister may cancel your visa. This is a discretionary decision.

Your Rights After Cancellation

Revocation Request

If your visa was mandatorily cancelled under s.501(3A), you can request that the Minister revoke the cancellation. You have 28 days to make this request (or 9 days if you are in immigration detention).

Ministerial Intervention

If revocation is refused, you may request the Minister to personally intervene under s.501J. This is a discretionary power and the Minister is not obliged to consider your request.

Judicial Review

You may seek judicial review in the Federal Circuit Court or Federal Court if there was a legal error in the decision-making process.

Key Factors in a Revocation Request

When considering whether to revoke a cancellation, the decision-maker will consider:

What You Should Do Immediately

Do not panic — but act quickly. You have strict deadlines.
Seek legal advice immediately — s.501 cases are complex and the consequences are severe.
Do not sign any documents without legal advice.
Start gathering character references — from employers, community leaders, family members.
Document your ties to Australia — family, employment, community involvement.

How I Can Help

I have extensive experience with s.501 cancellation cases. I will assess your situation, prepare your revocation request or appeal, and represent you at any hearings. These cases require immediate action — contact me today.

Questions and answers

My visa was cancelled under s.501 for a drink driving offence. Can I get it back?

It depends on the specifics — the sentence imposed, your overall criminal history, and your ties to Australia. A single drink driving offence with a short sentence may be defensible, particularly if you have strong ties to Australia and a low risk of reoffending. I would need to review your Notice of Intention to Cancel and your criminal record.

I am in immigration detention after my visa was cancelled. What are my options?

You have 9 days from the date of cancellation to request revocation. This is an extremely tight deadline. You should seek legal advice immediately. I can arrange an urgent consultation to review your case and prepare your revocation request.

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