The Character Test (Section 501): Grounds, Mandatory Cancellation and the 28 Days

The character test is the shortest route from a life in Australia to a plane, and most published summaries of it are out of date. The grounds changed, the mandatory cancellation rules are narrower than people think, and the thing you can actually appeal is not the thing most people try to appeal. Verified against the Migration Act 1958 (compilation C2026C00232, in force 4 June 2026), 20 August 2026.

A person does not pass the character test if:

• (a) they have a substantial criminal record (defined below)
• (aa) they were convicted of an offence committed while in immigration detention, during an escape, or after escaping and before being re-detained
• (ab) they were convicted of an offence against section 197A
• (b) the Minister reasonably suspects membership of, or association with, a group, organisation or person involved in criminal conduct
• (baa) subsection (6A) applies — spreading hatred and extremism
• (ba) they are reasonably suspected of involvement in people smuggling, trafficking in persons, genocide, a crime against humanity, a war crime, torture or slavery, or a crime of serious international concern — whether or not convicted
• (c) having regard to past and present criminal or general conduct, they are not of good character
• (d) there is a risk they would engage in criminal conduct; harass, molest, intimidate or stalk another person; vilify a segment of the community; incite discord; or represent a danger to the community
• (e) they have been convicted of, found guilty of, or had a charge proved for one or more sexually based offences involving a child — even if discharged without conviction
• (f) they have been charged with or indicted for genocide, a crime against humanity, a war crime, torture, slavery or a crime of serious international concern
• (g) ASIO has assessed them to be directly or indirectly a risk to security
• (h) an Interpol notice is in force from which it is reasonable to infer they present a risk

Otherwise, the person passes.

The limb most commentary still omits: (6)(baa)

Subsection (6A) — "spreading hatred and extremism" captures membership of a terrorist organisation, a state sponsor of terrorism or a prohibited hate group; association with such an organisation intending to support terrorism, extremism or hatred; involvement in conduct constituting a hate crime, whether or not convicted; and making or endorsing public statements — including online, in Australia or overseas — that disseminate ideas based on superiority over, or hatred of, others on the basis of race, colour, or national or ethnic origin, where there is also a risk of harm to the community. Encouraging others to do the same is caught on the same terms.

Section 501(11B) adds that the Minister need not determine whether the membership or association is continuing or concluded.

If a page listing the character test grounds does not include this limb, it predates the current compilation — and social media history is now squarely within the test.

"Substantial criminal record" — section 501(7)

A person has a substantial criminal record if they have been:

• sentenced to death, or to imprisonment for life
• sentenced to a term of imprisonment of 12 months or more
• sentenced to two or more terms of imprisonment where the total is 12 months or more
• acquitted on grounds of unsoundness of mind or insanity, and detained as a result
• found unfit to plead, where the court nonetheless found on the evidence that the person committed the offence, and detained as a result

Concurrent sentences are counted in full. Section 501(7A): "the whole of each term is to be counted in working out the total", and the Act's own example is two concurrent three-month terms totalling six months. The arithmetic is not calendar time served — which is how people who spent months in custody discover they hold a "12 month" record.

Quashed convictions and full pardons are disregarded (section 501(10)). Periodic detention counts as the days required in detention (501(8)), and court-ordered residential drug rehabilitation or mental health programs count as a term equal to the days required to participate (501(9)).

Mandatory cancellation — section 501(3A)

The Minister must cancel a visa where both limbs are satisfied:

1. the person fails the character test because of a substantial criminal record based on a death sentence, a life sentence, or a single term of 12 months or more — or because of a sexually based offence involving a child; and
2. the person is serving a sentence of imprisonment, on a full-time basis in a custodial institution, for an offence against a Commonwealth, State or Territory law

A precision point that matters and is frequently mis-stated: section 501(3A) does not pick up the cumulative limb in 501(7)(d). Aggregated short sentences totalling 12 months can fail the character test — but they do not trigger mandatory cancellation.

Natural justice does not apply to a decision under section 501(3) or 501(3A) (section 501(5)). The cancellation happens, and the argument comes afterwards.

Revocation — section 501CA, and the 28 days

After a mandatory cancellation, the Minister must, as soon as practicable, give written notice with particulars of the relevant information and invite representations about revoking it. Under section 501CA(4) the decision may be revoked if the person makes representations in accordance with the invitation and the Minister is satisfied either that they pass the character test, or that "there is another reason why the original decision should be revoked."

The deadline is in the Regulations, not the Act: regulation 2.52(2)(b) — 28 days after the person is given the notice and the particulars. By contrast, representations against a personal Minister decision under section 501C carry only 7 days (regulation 2.52(2)(a)).

Representations must be in writing, in English or with an accurate English translation, and must state full name, date of birth, file or receipt number, and a statement of the reasons relied on. Documents must be originals or certified copies. If revocation succeeds, the original decision is taken never to have been made.

What can actually be reviewed

The distinction people miss: the mandatory cancellation itself is never merits-reviewable. What goes to the Tribunal is the refusal to revoke it. That is why the revocation representations are the case — by the time there is a Tribunal hearing, the arguments have already been framed.

Nine days, and no extensions

For a person in the migration zone, section 500(6B) requires the ART application to be lodged within 9 days after notification under section 501G(1) — and expressly disapplies the extension-of-time provisions of the ART Act. There is no discretion to accept a late application.

Character reviews also run on their own procedural rules: the application must attach the notice and documents (s 500(6C)); the Minister lodges documents within 14 days (s 500(6F)); and the Tribunal must not have regard to oral evidence or documents unless they were given to the Minister at least 2 business days before the hearing (ss 500(6H) and (6J)). Late evidence in a character case is not late — it is inadmissible.

The Ministerial Direction

Character decisions are made under a direction issued under section 499. Direction No. 110 is the operative direction: signed 7 June 2024, commenced 21 June 2024, it governs visa refusal and cancellation under section 501 and revocation under section 501CA, and expressly revoked Direction No. 99. Its central move was to make protection of the Australian community the primary consideration.

Any advice still citing Direction 99 predates June 2024. Directions are replaced from time to time — Direction 110 remains current as at 20 August 2026 — so check the Department's published direction before relying on the detail of the considerations it sets out.

Section 501E: the door closes behind you

A person refused or cancelled under section 501, 501A, 501B or 501BA generally cannot apply for another visa while in the migration zone unless the decision is set aside or revoked. A character refusal is not one closed door — it is the corridor closing.

Where character cases go wrong

1. Counting time served instead of the sentence imposed — the test is the sentence, and concurrent terms are added in full

2. Missing the 28 days for revocation representations, or the 9 days for the ART

3. Treating the revocation invitation as a formality. It is the substantive case: "another reason why the decision should be revoked" is where family, ties, hardship and rehabilitation live

4. Filing evidence late in an ART character matter — the two business day rule makes it inadmissible

5. Trying to appeal the mandatory cancellation itself rather than the refusal to revoke

6. Assuming old social media is irrelevant — subsection (6A) reaches public statements made online, including overseas

Character advice — Australia-wide

Character matters are time-critical from the first letter. Migration Vision advises on section 501 refusals, mandatory cancellations and revocation representations for clients across Australia, working to the statutory deadlines rather than around them. If a notice has arrived, count the days first and call. Related reading: complex cases hub · visa refusals and appeals · Ministerial Intervention.

Reviewed by Dr Asad Muhammad Khan, Registered Migration Agent, MARN 2619525. Updated 20 August 2026 — sections 501, 501CA, 501E and 500 verified against the Migration Act 1958 (compilation C2026C00232, in force 4 June 2026) and the representation periods against regulation 2.52 of the Migration Regulations 1994 on legislation.gov.au; Direction No. 110 verified from the Department of Home Affairs published direction and cross-checked as current on that date. This article is general information, not migration advice for your circumstances.