Section 501 of the Migration Act 1958 – The character provisions

Under the Minister’s new powers, hundreds of convicted criminals have had their visas cancelled.  The new Minister, Mr Dutton, said an amendment to Section 501 of the Migration Act has increased his power to cancel visas and he would not apologise for taking a tough approach.

Essentially the new power provides for a mandated arrangement for visas to be cancelled for people who had a conviction which attracts a penalty of 12 months or more of imprisonment.

Since mid-December last year, 2013 people have had their visas cancelled.

People who have had their visas cancelled have 28 days to appeal the decision which the Minister will consider on a case by case basis.

The Minister stressed that coming to or remaining in Australia is not a right, it is a privilege and the message should be clear for those who choose to break the law.

People who are here on visas that entitle them to permanent residency should consider whether it is advisable to apply for citizenship.

For further discussions regarding the new Ministerial powers please contact Esef Mirascija, Solicitor and Registered Migration Agent No. 0000959.