If I Have A Criminal Record Will My Visa Be Cancelled?

A criminal record can trigger mandatory or discretionary visa cancellation under Section 501 of the Migration Act. Learn the character test thresholds, appeal pathways through the ART, and how to protect your visa status in Australia.

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Quick answer: Not automatically — but it depends on the offence. If you've been sentenced to 12 months or more in prison, Section 501 of the Migration Act treats this as a "substantial criminal record," and your visa cancellation becomes mandatory. Shorter sentences or convictions can still trigger a discretionary cancellation or refusal if they fail the character test.

What Counts As A "Substantial Criminal Record" Under Section 501?

Under the Migration Act character test, you're considered to have a substantial criminal record if you've been:

Sentenced to death or life imprisonment
Sentenced to imprisonment for 12 months or more (a single sentence)
Sentenced to two or more terms of imprisonment totalling 12 months or more
Acquitted of an offence due to mental illness and detained in a facility as a result

Meeting any one of these triggers mandatory cancellation under Section 501(3A) — the Department of Home Affairs has no discretion here, even if you're a long-term resident with family in Australia.

Character Test Visa Cancellation: Beyond Prison Sentences

You don't need a conviction at all to fail the character test. The Department can also refuse or cancel a visa under Section 501(3) or 501(6)(c) if it reasonably suspects:

Association with individuals or groups involved in criminal conduct
A significant risk of future harmful behaviour
Past or present general conduct showing you're "not of good character"
Involvement in people smuggling, trafficking, or offences against children

This is why some applicants are surprised to receive a Notice of Intention to Consider Cancellation (NOICC) despite never being convicted.

📌 Facing a Character Concern?

Don't wait for a decision. If Home Affairs has flagged your character or you've received a NOICC, timing is everything — some revocation requests must be lodged within 28 days. Getting tailored advice early can be the difference between keeping your visa and losing it.

Book A Consultation →

Fahad Shamim

Migration & Education Consultant

MARA Registered MARN 2619225

QEAC G12906

As a Migration & Education Consultant, I provide expert guidance on Australian visas and international education, helping clients navigate both with ease.

Phone +61 424 295 050

Email fahad@edvisehub.com

What Happens After Cancellation — Can I Appeal?

If your visa is cancelled under Section 501, you may be able to seek review through the Administrative Review Tribunal (ART), which replaced the AAT in October 2024. Decisions are assessed against Ministerial Direction 110, which weighs factors including:

The seriousness of the offending
Evidence of rehabilitation
Protection of the Australian community
Family ties and the best interests of any children involved

Not every Section 501 decision is reviewable by the ART — in some cases, a request for personal Ministerial intervention is the only remaining pathway.

Can I Still Get A Visa With A Criminal Record?

Sometimes, yes. A minor or old conviction doesn't automatically mean refusal. Decision-makers weigh the nature of the offence, time elapsed, and evidence of rehabilitation. But disclosure is critical — undisclosed criminal history discovered later can itself trigger cancellation for false or misleading information.

How Edvise Hub Can Help

Character-related cancellations move fast and carry strict deadlines. Edvise Hub registered migration advisors assess your notice, identify which Section 501 ground applies, and help you prepare a strong revocation or review submission before time runs out.