Section 501 & Character Matters
serious advocacy.
The sharpest edge of migration law
Character cases sit at the sharpest edge of migration law. Section 501 and character-based powers are among the broadest discretions in Australian law. They demand serious preparation, disciplined advocacy, and a firm prepared to stand its ground.
We advise and represent clients facing refusal or cancellation on character grounds under section 501, 501CA, 501BA, and associated risk and criminal history provisions, including serious offending, historic convictions, alleged associations, and "risk to the Australian community" findings.
Our approach is evidence-led, policy-grounded, and strategic. We give clear, unvarnished advice on prospects. If the case is defensible, we fight it properly. If it is not, we explore any carefully framed alternative pathways.
Character provisions
Section 501
The Minister may refuse or cancel a visa if the person does not pass the character test. This includes criminal convictions, associations, and risk to the Australian community.
Section 501CA
Allows a person whose visa was cancelled under section 501 to make representations to the Minister seeking revocation of the cancellation.
PIC 4020
Public Interest Criterion relating to identity, bogus documents, and false or misleading information. Can result in a 3-year or 10-year exclusion period.
Cases we handle
We represent clients at every stage of character matters, from initial response to tribunal and court proceedings.
Our work includes
- Responding to Notices of Intent to Consider Cancellation (NOICC)
- Preparing submissions under Ministerial Direction 99 (or successors)
- Representing clients in AAT review of character cancellations
- Federal Circuit and Federal Court judicial review
- Managing interplay between criminal proceedings and migration
- Rehabilitation evidence and risk assessments
Our approach
Evidence-led: We obtain sentencing remarks, psychological assessments, rehabilitation records, references, and risk reports to present the full human context, not just the charge sheet.
Policy-grounded: Submissions are structured expressly around the relevant Direction, primary and other considerations, and current case law.
Strategic: We give clear, unvarnished advice on prospects. If the case is defensible, we fight it properly. If it is not, we explore alternative pathways.
Direction 99 considerations
Primary considerations
Protection of the Australian community, family violence committed by the person, and the best interests of minor children in Australia. These carry the greatest weight in the decision.
Other considerations
International non-refoulement obligations, strength and duration of ties to Australia, impact on family members, and the extent of impediments if removed. These must also be considered.
Our submissions
We structure submissions expressly around the Direction, addressing each consideration with targeted evidence. We draw on current Federal Court authority such as XAB24, Goundar, and Ali.
How we work.
From urgent response to tribunal hearing, we guide you through every stage.
Urgent
response
We respond to Notices of Intent to Consider Cancellation and Natural Justice letters within strict timeframes.
Urgent
response
Time limits are non-negotiable. We review the notice, identify the grounds, and prepare an urgent response strategy. Delays can result in automatic cancellation. We act immediately to preserve your rights.
Evidence
gathering
We obtain sentencing remarks, psychological assessments, rehabilitation records, and character references.
Evidence
gathering
Evidence wins character cases. We present the full human context, not just the charge sheet. Psychological assessments, rehabilitation evidence, and community ties all contribute to your case. Every document is chosen to address the Ministerial Direction criteria.
Submissions
preparation
We prepare detailed submissions structured around the relevant Ministerial Direction and case law.
Submissions
preparation
Policy-grounded advocacy. Submissions are structured expressly around Direction 99 (or its successor), addressing primary and other considerations. We draw on current Federal Court authority to support every argument.
Tribunal &
court
We represent you at AAT hearings and pursue judicial review where jurisdictional error is identified.
Tribunal &
court
Disciplined advocacy at every level. We represent clients in AAT review of character cancellations and coordinate Federal Court judicial review where legal error is identified. Section 501 demands serious preparation and a firm prepared to stand its ground.
