Australian Visa With a Criminal Record: Section 501 Character Risks and Evidence
Updated September 2026. A criminal record does not automatically produce the same visa outcome in every case. Australian visa applicants and visa holders must meet the character requirements in section 501 of the Migration Act, and the consequences depend on the nature of the offending, sentence, conduct history and other circumstances.
The most damaging mistake is often not the conviction itself but failing to disclose criminal conduct accurately.
For refusal and cancellation advice, see our Visa Refusal and Cancellation service.
Do you have to disclose charges and convictions?
Yes. Home Affairs requires visa applicants to declare criminal conduct they have been charged with or convicted of in any country and to answer character questions truthfully.
Depending on the case, the Department may request police certificates, Form 80, Form 1563, military records or other character evidence.
What is the section 501 character test?
Section 501 of the Migration Act contains the character test used for visa refusal and cancellation decisions. A person can fail the test on several grounds, including a substantial criminal record, certain sexual offences involving children, specified immigration-detention offences, criminal associations and other serious conduct grounds.
What is a substantial criminal record?
“Substantial criminal record” is a defined legal concept. It includes certain sentences of imprisonment and other circumstances set out in section 501(7). It is not simply a label for any criminal history.
Do not assume that a conviction is minor just because no prison time was actually served, or that a suspended sentence is irrelevant. The legal definition must be applied to the actual sentencing record.
Can a visa still be granted if you fail the character test?
Some decisions involve a discretion after the character test is failed. The decision-maker must apply the relevant legal framework and Ministerial Direction. Factors can include protection of the Australian community, family violence, the best interests of minor children, ties to Australia, international obligations and impacts on family or Australian interests.
Other cases involve mandatory cancellation provisions, which operate differently.
What evidence may help in a character case?
- complete court and sentencing records;
- police records;
- evidence of rehabilitation;
- psychological or treatment evidence where relevant;
- employment history;
- family responsibilities;
- evidence of conduct since the offending;
- references that address the actual offending, not generic character statements; and
- a detailed submission applying the current Direction to the facts.
What if charges are still pending?
Pending charges must still be disclosed where the application asks for them. The Department may request further information or delay finalisation while the criminal matter is unresolved, depending on the circumstances.
Can an existing visa be cancelled?
Yes. Character requirements apply not only to visa applicants but also to visa holders. Home Affairs states that a visa may be cancelled if a person no longer meets the character requirements.
Mandatory cancellation can apply in specified circumstances involving imprisonment and certain offending. If mandatory cancellation occurs, the time to seek revocation can be very short.
Can you appeal a section 501 decision?
Some section 501 refusal or cancellation decisions can be reviewed by the Administrative Review Tribunal. A decision made personally by the Minister is treated differently and may only be challengeable by judicial review. The decision notice should state available rights and deadlines.
Official guidance
See Home Affairs’ current Character requirements for visas.
Need advice before lodging or responding to a character notice?
Emigrate Lawyers can review the criminal history, sentencing records, visa status and any notice of intention to consider refusal or cancellation. Contact our immigration lawyers before responding to a section 501 issue.
This article is general information only and is not legal advice. Character matters are fact-sensitive and strict deadlines may apply.
Madhab Kharel
Principal Lawyer & Director, Emigrate Lawyers
Madhab Kharel is the Principal Lawyer and Director of Emigrate Lawyers, an Australian law firm assisting clients across Australia and internationally. His migration law practice includes Partner Visas, Protection Visas, visa refusals and cancellations, Administrative Review Tribunal matters, health and character issues, Schedule 3, Section 48, sponsorship limitations and employer-sponsored migration. He regularly advises clients with complex immigration histories and matters requiring detailed legal submissions and evidence strategy.
Reviewed by Madhab Kharel, Principal Lawyer
Date reviewed: 21 September 2026
