Section 501 of the Migration Act 1958 gives the Minister (and delegates) the power to refuse or cancel a visa on character grounds. It contains two distinct powers: the mandatory cancellation provision (s501(3A)), which applies automatically to non-citizens serving a sentence of 12 or more months or convicted of a sexually based offence involving a child; and the discretionary power (s501(1)/(2)), which applies where the delegate considers that a non-citizen does not pass the character test and may — after considering the relevant factors — refuse or cancel the visa. The discretionary power is guided by Ministerial Direction 110 (which replaced Direction 99 in 2024), which sets out how the factors for and against cancellation/refusal are to be weighed. The Minister also holds a personal power under s501A that is not reviewable. This page explains both powers, the thresholds, the Direction, and the procedure for representations.

For current information on character requirements and the cancellation framework, refer to the DHA character page and Direction 110.

• Migration Act 1958, s 501(1) — discretionary power to refuse a visa application if the applicant does not pass the character test
• Migration Act 1958, s 501(2) — discretionary power to cancel a visa if the holder does not pass the character test and cancellation is in the national interest
• Migration Act 1958, s 501(3A) — mandatory cancellation: the Minister must cancel a visa if the holder is serving a full-time custodial sentence of 12 or more months, or has been found guilty of a sexually based offence involving a child
• Migration Act 1958, s 501A — the Minister's personal (non-delegable, non-reviewable) power to refuse or cancel on character grounds in the public interest
• Ministerial Direction 110 (2024) — replaces Direction 99; guides delegates exercising discretionary character powers
• Migration Act 1958, s 501CA — procedure for mandatory cancellation: the person is given an opportunity to make representations before the visa is revoked (lifted) or the cancellation stands

The character test — when s501 applies

Section 501 applies where a person does not pass the character test under s501(6) of the Migration Act. A person does not pass the character test in a number of circumstances, including:

• A substantial criminal record (as defined in s501(7)) — this includes a sentence of death or life imprisonment, a sentence of 12 months or more (in Australia or overseas), or two or more sentences that together amount to 12 months or more
• Conviction for a sexually based offence involving a child
• Association with criminal groups
• Past conduct or activities suggesting the person is not of good character

For a full explanation of the character test, see the character test page.

Mandatory cancellation — s501(3A)

The mandatory cancellation power under s501(3A) requires the Minister (or delegate) to cancel a visa if the holder:

• Is serving a full-time custodial sentence of 12 months or more in a custodial facility in Australia, and is not an Australian citizen; or
• Has been found guilty of a sexually based offence involving a child

Mandatory cancellation is not discretionary — if the trigger conditions are met, the visa must be cancelled. There is no assessment of interests or weighing of factors. However, after mandatory cancellation, the person is given an opportunity to make representations as to why the cancellation decision should be "revoked" (reversed) — this is the s501CA process. The representations are assessed by a delegate who considers Direction 110 factors to decide whether to revoke. For more detail on mandatory cancellation, see the mandatory cancellation page.

Discretionary cancellation/refusal — the 2-year maximum sentence threshold

The discretionary power applies where the person does not pass the character test but mandatory cancellation does not apply. The key threshold for the discretionary power is the maximum sentence the offence carries under the relevant law — not the sentence actually imposed. A conviction for an offence carrying a maximum of 2 or more years (including common assault, property offences of a certain kind, and many drug offences) is sufficient to trigger a character consideration. Key points:

• The sentence actually imposed does not determine the threshold — even a conviction resulting in a fine or community service may be a character consideration if the offence carries a 2-year maximum
• Multiple offences can aggregate to create a substantial criminal record even if no individual sentence was 12 months or more
• The discretionary power applies to both visa refusals (pre-grant) and visa cancellations (post-grant)

Direction 110 — how discretion is exercised

Ministerial Direction 110 (which replaced Direction 99 in 2024) provides binding guidance to delegates exercising the s501 discretionary power. The Direction sets out:

• Primary considerations: protection of the Australian community; expectations of the Australian community; best interests of any children in Australia (where applicable)
• Other considerations: the strength, nature, and duration of the person's ties to Australia; the extent to which the person has been rehabilitated; any impediment to removal; and the person's age

Delegates must have regard to all relevant considerations but give the primary considerations (especially community protection) the greatest weight. The Direction creates a strong presumption in favour of cancellation for serious or repeated criminal conduct, particularly violent offences, sexual offences, and drug trafficking.

Minister's personal power — s501A (non-reviewable)

The Minister holds a personal power under s501A to refuse or cancel a visa in the national interest where the person does not pass the character test. This power:

• Is non-delegable — the Minister must exercise it personally, not through a delegate
• Is not reviewable by the Administrative Review Tribunal (ART) or any other tribunal — the only avenue for challenge is judicial review in the Federal Court
• Is typically used in high-profile cases or where the ART has overturned a delegate's cancellation decision on merits and the Minister considers the public interest demands a different outcome

For information on ministerial intervention more broadly, see the ministerial intervention page.

Representations before discretionary cancellation

Before a visa is cancelled under the discretionary power, the visa holder is generally given an opportunity to make representations as to why their visa should not be cancelled. The representations process:

• DHA issues the visa holder with a Notice of Intention to Consider Cancellation (NOICC) — this sets out the grounds for potential cancellation and invites the person to make representations
• The person submits representations addressing the Direction 110 factors — particularly ties to Australia, rehabilitation, and the effect on family members
• The delegate considers the representations and decides whether to cancel the visa
• If the visa is cancelled under the discretionary power, the person has a right to seek merits review in the ART — unless the cancellation was by the Minister personally under s501A

Section 501 cancellations increased significantly between 2014 and 2025 — DHA statistics show over 8,200 non-citizens had their visa cancelled under s501 and were removed from Australia between January 2014 and December 2023. Many of these involved long-term residents (some with decades in Australia and Australian-born children) whose convictions triggered the mandatory or discretionary cancellation process. The Direction 110 primary considerations — particularly community protection — are difficult to displace, even for people with strong ties. Representations that do not directly address the Direction's framework are frequently unsuccessful. The non-reviewable s501A ministerial power is particularly significant in cases where the ART has set aside a delegate's cancellation on merits — the Minister can re-cancel and the only recourse is the Federal Court (legality review only). For current statistics, the Direction 110 text, and information on representations, refer to the DHA visa cancellation statistics page.