Facing a Character Test Failure Under Section 501? Why You Need an Accredited Specialist
Not meeting a character test under section 501 of the Migration Act 1958 is one of the most serious challenges a non-citizen can encounter in Australia. Whether it is a visa refusal or cancellation due to past criminal conduct, associations, or a perceived risk to the community, the consequences can be life-altering, including mandatory detention, deportation or even separation from family. That’s why if you are in such a situation, engaging with an Accredited Specialist in Immigration Law isn’t just advisable – it is essential!
What is Failing a Character Test under Section 501?
Section 501 gives the Minister of the Department of Home Affairs (Doha) the power to refuse or cancel a visa if the applicant fails the character test. An individual may fail the character test for several reasons, including:
Having a substantial criminal record (e.g., sentence to 12 months or more imprisonment)
Being convicted of sexually based offences involving a minor
Assessed as a risk to the Australian community
Have associations with people or groups involved in criminal activities
What are the Consequences of Failing the Character Test?
Failing a character test can result in a referral to the Visa Applicant Character Consideration Unit (VACCU), visa refusal or visa cancellation. Having a visa refusal or cancellation can affect future visa applications, making the visa application more complicated. Additionally, applicants may face a re-entry ban for a limited time to return to Australia after receiving a visa refusal or cancellation.
Why You Need an Accredited Specialist in Immigration Law?
An Accredited Specialist in Immigration law, as recognised by a state Law Society, is someone with high-level competence, extensive experience, and a proven record in most complex areas of immigration law – including character-based visa refusals and cancellations. Here’s what an Accredited Specialist can bring to your case:
In-depth legal knowledge of section 501 and ministerial directions
Strategic advice on whether to appeal and/or explore alternative visa pathway
Expertise in drafting strong legal submissions as supporting evidence
A deep understanding of public interest criteria (PIC) on how these criteria may affect your future visa applications
Guidance on time-sensitive matters such as extension requests to respond to DoHA
Related:
The Risks Are Too High for Guesswork - How Can Agape Henry Crux Help
Without the right representation, you may miss critical deadlines, submit inadequate responses, or fail to present the required evidence.
At Agape Henry Crux, our principal, Jason Ling, is an Accredited Specialist in Immigration Law and has helped countless clients navigate this stressful section 501 process. Consult with Jason, an Accredited Specialist in Immigration Law, today by scheduling an appointment with us. You can seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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