Visa cancellation on character grounds

Putt Legal has assisted many serving prisoners get their visa cancellation decision revoked, i.e. get their visa back, by making successful submissions to the National Character Consideration Centre (NCCC) of the Department of Immigration & Border Protection (DIPB), in accordance with Ministerial Direction 65.

CHARACTER CANCELLATIONS – s501 MIGRATION ACT 1958

Given our experience in criminal as well as immigration law, we have a particular expertise in character cancellations, whereby visas are refused or cancelled due to persons being sentenced to terms of imprisonment, or otherwise being of character concern.

➤  Since 11 December 2014, a mandatory cancellation power was introduced in into the Migration Act 1958 - s501(3A):

➤  Minister must cancel a visa that has been granted to a person if:

(a) Minister is satisfied that the person does not pass the character test because of the operation of:

(i) substantial criminal record (12 months imprisonment);

(ii) sexually based offences involving a child; and

(b) person is serving a sentence of imprisonment on a full time basis in a custodial institution for an offences against Cth, State or Territory law

➤  No review, but there is a revocation power under s501CA

Putt Legal has assisted many serving prisoners get their visa cancellation decision revoked, i.e. get their visa back, by making successful submissions to the National Character Consideration Centre (NCCC) of the Department of Immigration & Border Protection (DIPB), in accordance with Ministerial Direction 65.

If you get a Notice of Intended Cancellation or a Notice of Intended Refusal in relation to your visa from the Department of Immigration we suggest that you contact us urgently to discuss.

We regularly visit prisons such as Casuarina, Hakea, Acacia, Wooroloo, Karnet and immigration detention centres such as Yongah Hil Immigration Detention Centre and Perth Immigration Detention Centre (airport).