Section 116 and 501 Cancellations. What’s the Difference and Why It Matters?
Visa cancellations under section 116 and section 501 are serious matters that can drastically impact your ability to stay in Australia. Knowing the differences between the two sections can help you understand and navigate the complexities of immigration law and visa status.
What is Section 116?
Section 116 of the Migration Act is a general visa cancellation. It provides broad powers to cancel a visa if certain conditions are met in relation to changes in circumstances, or the visa holder may be a threat to the Australian community, and more. A Section 116 cancellation can result in the immediate loss of your right to stay in Australia. However, depending on the circumstances, there may be options to appeal or apply for a new visa.
The common reasons for cancellations are:
Breach of visa conditions, such as failing to maintain enrolment for a Student (Subclass 500) visa.
Does not meet visa conditions due to changes in circumstances.
The visa holder’s relevant facts or circumstances never existed.
A visa holder may pose a risk to the Australian community’s health, safety or good order.
What is Section 501?
Section 501 is a character ground cancellation that specifically concerns the character of the visa holder. It allows for visa cancellation if a person fails the character test, which includes having a substantial criminal record or being a threat to the Australian community. Section 501 cancellations are severe and often involve more complex legal considerations. They can lead to lengthy bans on re-entering Australia and may be more challenging to appeal.
The common reasons to fail the character test are:
Criminal convictions, particularly if they have a prison sentence of 12 months or more.
Associations with individuals or groups involved in criminal conduct.
A risk of engaging in criminal activities and/or being a threat to the Australian community.
Related: Facing a Character Test Failure Under Section 501? Why You Need an Accredited Specialist
What are the Key Differences between Section 116 and 501?
The major differences between section 116 and section 501 are the basis of cancellation. While section 116 mainly focuses on administrative and compliance issues, section 501 concentrates on character concerns and potential risks to the community. Additionally, section 501 cancellations generally involve more complex legal issues due to the serious nature of the character test. This will also lead to re-entry bans to Australia.
Why Does it Matter?
Understanding the basis of your visa cancellation can determine your next steps, as receiving a visa cancellation may impact your future visa applications. Understanding the reason for your visa cancellation helps identify available appeal processes. Engaging an Accredited Specialist in Immigration Law who is familiar with the complexities of sections 116 and 501 can provide a tailored strategy and find an alternative visa solution.
How Can Agape Henry Crux Help
Contact Agape Henry Crux and organise a time with one of our Accredited Specialists in Immigration Law for tailored advice and to represent your complex matter. The team of immigration lawyers specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. If this isn’t your language, we can also help you arrange an interpreter.
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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