I’m Kirk. If you would like to plan your studies or migration to Australia, add me on WeChat: NewstarsMel03.
If your visa has been refused under Section 501 on character grounds because of a criminal record, is there still a chance to come to Australia?
Today, I’m sharing a visitor visa case involving the parent of a permanent resident, in which we have just secured a successful ART review outcome (see the lead image).
Real case | The full ART review process for a parent’s Subclass 600 visitor visa refusal under Section 501
Our client is the father of a permanent resident and has a historical conviction for an offence committed in the course of his official duties many years ago. After he applied for a Subclass 600 visitor visa in March 2023, his application was referred to VACCU. Although we cooperated with requests for further information throughout the process, he unfortunately received a refusal under Section 501 just before Christmas in December 2025.
We quickly began the review process after receiving the refusal. Thanks to the team’s efforts, today we finally secured a successful ART outcome setting aside the original refusal! He is now waiting with peace of mind for the Department of Home Affairs to issue his visa.
Here is the detailed timeline:
March 2023: lodged the Subclass 600 visitor visa application.
April–August 2023: asked to provide a police clearance and Form 80, after which the application was referred to VACCU, the character assessment unit.
September–December 2025: responded to VACCU’s requests for further information and lodged a submission of almost 10 pages, but still received a refusal under Section 501 on character grounds in December (image two).
January–March 2026: promptly commenced ART review proceedings! We reassessed the entire chain of evidence and lodged an in-depth statement of almost 30 pages. It emphasised that, despite the established historical facts, the applicant had committed no offences for more than 10 years and had fully rehabilitated, together with the considerable weight of the best interests of minors in Australia.
April–May 2026: addressed the key issues in dispute precisely within the required five-page limit when responding to the Department’s rebuttal.
August 2026: accompanied the client at a two-day online ART hearing.
9 October 2026: today, exactly two months after the hearing concluded, we formally received the successful decision—“Set Aside”, setting aside the original refusal!
The key factors in overturning a refusal under Section 501 where there is a criminal record
Reviews of character refusals under Section 501 are extremely difficult, with reasoning far more complex than in ordinary student or visitor visa reviews.
- The Department not only provides detailed rebuttals but also engages a lawyer to rigorously cross-examine the applicant and witnesses during the hearing. Our lawyers worked throughout the process to identify openings and help the client secure crucial factors in his favour at the important hearing stage.
- From identifying supporting material at the outset to preparing for the hearing, this work takes an enormous amount of effort (image 2). We thoroughly examined the client’s present circumstances: he had reintegrated into society, found stable employment, developed a wide range of interests and returned fully to normal life. His only child and his grandchild were also both settled in Australia long term.
We made the best interests of minors in Australia and the extremely low risk of reoffending the central arguments, successfully persuading the Tribunal.
Although character issues are challenging, there can still be a way forward. By examining the evidence closely, fully demonstrating present rehabilitation and emphasising family ties and the care of minors in Australia, there may be an opportunity to turn things around. Congratulations to the client and his family on finally being able to reunite in Australia!
