Character Cancellations
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Failing a Character Test
Under Section 501 of the Migration Act 1958, the Minister has the authority to cancel or refuse a visa if a person fails the character test, which considers their criminal and general conduct both past and present.
The character test, defined in Section 501(6), outlines several circumstances where a person may fail, including:
- Having a serious criminal record (as specified in Section 501(7)).
- Being convicted of a child-related sexually based offence, regardless of the outcome.
- Committing a crime while in immigration detention, during an escape, or following an escape.
- Being linked to or reasonably suspected of association with criminal groups, organisations, or individuals.
- Engaging in serious acts such as human trafficking, war crimes, genocide, or slavery, whether in Australia or overseas.
- Being flagged by ASIO with an adverse or qualified security assessment.
Having an active Interpol notice against them.
If the Department of Home Affairs considers cancelling your visa, they will typically issue a Notice of Intention to Consider Cancellation (NOICC). However, in specific situations, they can cancel a visa immediately without prior notice under mandatory cancellation provisions.
Dealing With Character Cancellation
If you are facing a potential visa cancellation under Sections 109, 116, or 501, or require assistance with a revocation request under Section 128, it’s crucial to act promptly. These matters are complex and require expert legal advice to navigate effectively.
At Kris Ahn Lawyers, our experienced team provides comprehensive support in challenging visa cancellations, preparing revocation requests, and responding to NOICCs. Contact us today to discuss your situation and receive tailored advice on protecting your visa and future in Australia.
For more information or personalised assistance, book a consultation with Kris Ahn Lawyers. We are here to help you navigate complex immigration laws and safeguard your rights.
How Can We Help?
At Kris Ahn Lawyers, we provide expert assistance to clients dealing with character cancellation notices. From analysing the initial notice to preparing supporting documents and legal responses, we offer personalised support to help you achieve the best possible outcome. Our experience in handling complex cases ensures that we can provide you with clear, strategic advice tailored to your situation.
