AustraliaMy visa was cancelled because of a minor criminal conviction. Is this fair?
Visa cancellation for a criminal conviction can be lawful in Australia even for minor offences, if the person fails the 'character test' under section 501 of the Migration Act.
What the Law Says
Under Australian migration law, the Minister or a delegate may cancel a visa if the holder fails the character test — and this applies regardless of how minor the offence may seem.
The key provision is section 501 of the Migration Act 1958 (Cth), which gives the Minister or a delegated officer the power to refuse or cancel a visa if the person does not pass the 'character test'.
The character test is defined in section 501(6). A person fails it if they have a 'substantial criminal record', which includes being sentenced to a term of imprisonment of 12 months or more — even if the sentence was suspended, served wholly on parole, or partially served.
Importantly, cancellation can also occur if the person has been convicted of a single offence for which they were sentenced to imprisonment for at least 12 months — or if they have been convicted of multiple offences with combined sentences totalling 12 months or more.
Even without a 12-month sentence, the Minister may cancel a visa if satisfied the person is 'not of good character', based on past conduct — including minor convictions that indicate a pattern or risk.
Statutory TextThe Minister must refuse to grant a visa to a person if the person does not pass the character test.
— Migration Act 1958 (Cth), s. 501(1) — Mandatory refusal
Statutory TextA person does not pass the character test if the person has a substantial criminal record.
— Migration Act 1958 (Cth), s. 501(6)(a) — Character test definition
Statutory TextA person has a substantial criminal record if the person has been sentenced to death or imprisonment for a total period of 12 months or more.
— Migration Act 1958 (Cth), s. 501(7)(a) — Substantial criminal record
What to Do
Check your notice of cancellation — it must state the reasons and give you at least 72 hours to respond (unless cancelled 'on character grounds' under s. 501(3A), where no notice is required).
Lodge a request for revocation within 28 days of cancellation (if eligible) — only possible for cancellations made under s. 501(2) or (3).
Seek legal advice immediately — time limits are strict and options narrow quickly.
If revocation is refused, you may apply to the Administrative Appeals Tribunal (AAT) for merits review — but only if invited or if the decision was made under certain subsections.
Note: If your visa was cancelled under s. 501(3A) (fast-track cancellation), you generally cannot apply to the AAT and cannot reapply for most visas for 3 years.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.