Understanding Section 501(6)(b): Can Your Friends or Groups You Are in Affect Your Visa?
To be granted an Australian visa, every applicant must meet the character requirement. While many people know that a criminal record can lead to a refusal, the law goes much further. Under Section 501(6)(b) of the Migration Act 1958, your visa can be refused simply because of the people you know or the group you belong to.
What is Section 501(6)(b)?
This specific part of the Migration Act allows the government to refuse or cancel a visa if they have a reasonable suspicion that you are, or have been, involved with a group or person engaged in criminal conduct.
The law breaks this down into 2 categories: membership and association.
Refusal based on Membership
This is a relatively broad rule. To refuse a visa based on membership, the Department only needs to suspect 2 things:
That you are (or were) a member of a specific group or organisation; and
That the group itself is involved in criminal conduct, for example, an outlaw motorcycle gang or an organised crime syndicate.
Refusal based on Association
This category is more personal. It applies when you aren’t necessarily a formal member of a group, but you have a relationship with a person or group involved in crime. When assessing “association”, the Department looks at:
How often you meet or talk to them (frequency).
How long you have known them (duration).
The nature of your relationship (nature).
The main difference is that for the Department to refuse you for association, they must suspect that you were supportive of or involved in their criminal activity. Simply knowing someone is a criminal is usually not enough to refuse; however, being sympathetic to their actions can be a major warning.
From Referral to Refusal: What is the Process?
If the Department finds information about a criminal association, either because you declared it or because they found it during a background check, the following steps may occur:
Your application may be referred to the Visa Application Character Consideration Unit (VACCU). This is a specialised team that handles all complex character matters.
If VACCU believes there is a reason to refuse your visa, they will send you a Notice of Intention to Consider Refusal (NOICR) or a Natural Justice (S57) Letter.
You will be given a strict timeframe to provide a written response to the NOICR or S57 letter. Your written response must explain why your visa should be approved. It is highly recommended not to do it yourself, as the matter is technically complex.
Related: How Long Does a VACCU Assessment Take? Realistic Timeframes and Expectations
How is the Final Decision Made under Direction 110?
If the Department decides you have failed the character test, they may have discretion not to refuse your visa immediately. Their discretion is guided by the Ministerial Direction No. 110, with the guiding principle that the safety of the Australian community is the Australian government's highest priority. The primary considerations are listed as follows:
Protection of the Australian community from criminal or other serious conduct;
Whether the conduct engaged in constituted family violence;
The strength, nature and duration of ties to Australia;
The best interests of minor children in Australia; and
Expectations of the Australian community.
Related: Facing a Character Test Failure Under Section 501? Why You Need an Accredited Specialist
Why You Need A Legal Submission?
If you received a NOICR or S57 regarding Section 501(6)(b), a simple letter is not sufficient. You must provide a formal legal submission that argues your case using the principles of Direction 110. An Accredited Specialist in Immigration Law who specialises in complex immigration matters can assist you to identify any legal errors in the Department’s reasoning and build a strong case to keep your visa.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
Which Australian Visas Subclasses Are Affected by PIC 4013 and PIC 4014?
Visa Options After Character Cancellation – Is There Still Hope?
How Can Agape Henry Crux Help
If you are worried that a past membership or a personal relationship could impact your visa under Section 501(6)(b), it is important to address the issue honestly and with expert legal support. Speak with one of our two Accredited Specialists in Immigration Law - Jason Ling or Angela De Silva at Agape Henry Crux. They specialise in highly complex visa matters. If you are unsure or in doubt, consider arranging a consultation with us to get tailored professional advice and guidance on your next best step. You can book a consultation with us by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English and Mandarin. If this isn’t your language, we can also help you arrange an interpreter.
Our founder and principal lawyer, Jason Ling, is recognised in the 2026 edition of The Best Lawyers in Australia™ and the 2027 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards and the 2027 edition of The Best Law Firms™ - Australia.
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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