Visa Refusal 501

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Old Feb 23rd 2017, 7:40 pm
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Default Visa Refusal 501

Can you help? my visa refusal:

Under subsection 501(1) of the Act, the Minister or a delegate of the Minister may refuse to grant a person a visa if the person does not satisfy the Minister or a delegate of the Minister that the person passes the character test.

The particular ground(s) of subsection 501(6) under which you did not satisfy the Minister that you pass the character test is: subsection 501(6)(a):

the person has a substantial criminal record (as defined by subsection 501(7)). Under subsection 501(7)(c), a person will have a substantial criminal record if they have been sentenced to a term of imprisonment of 12 months or more’.

It says that i missed the appeal. Is there any other possibilities in future? I believe i should of gone down the AAT route.

Once refused, is that it for life indefinitely? Or can you simply apply as many times you wish?
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Old Feb 23rd 2017, 8:38 pm
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Default Re: Visa Refusal 501

Depends how serious your crime was, how much time has passed since your last conviction and if you can demonstrate that you have made efforts to rehabilitate yourself. I wouldn't count on getting a visa for Australia anytime soon though.
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Old Feb 23rd 2017, 8:56 pm
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Default Re: Visa Refusal 501

9 years elapsed & drug offence. Im merely trying to find out info if it is black and white if i can apply again or not. For example:

I applied in 2014... refused in 2015

Apply again in 2017... refused.

Apply again in 2020... Accepted.

Does it work on this basis or is the first decision, final?
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Old Feb 23rd 2017, 9:10 pm
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Default Re: Visa Refusal 501

Originally Posted by leecurtis89
9 years elapsed & drug offence. Im merely trying to find out info if it is black and white if i can apply again or not. For example:

I applied in 2014... refused in 2015

Apply again in 2017... refused.

Apply again in 2020... Accepted.

Does it work on this basis or is the first decision, final?
Its not that black and white.

For starters DIBP are now looking a lot harder than they used to at any convictions and character issues (many long term residents who never took citizenship are finding themselves at risk of (or actually) having visas cancelled if they offend once they are here, and many people who in the past would have got visas are finding they are getting refusals. The whole character situation has been tightened a lot in the last 3-4 years or so.

Therefore firstly, no-one, not even your current case officer, could tell you whether you would be granted a visa if you applied again in 3 years time, and secondly, the rules could have been changed again by then, probably tightened further.
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