The Department of Home Affairs may refuse or cancel a visa if the visa applicant/holder does not pass the character test.
A person whose visa has been refused or cancelled by a delegate under section 501 can apply to the AAT to have this decision changed. The Administrative Appeals Tribunal (AAT) cannot review decisions made by the Minister personally, only decisions made by delegates.
Non-citizens must apply to have their visa cancellation revoked within 28 days from the date of the cancellation notice. They must then provide the Department of Home Affairs with documentary evidence which supports their reasons for having the cancellation revoked; such as close family ties in Australia, that the conviction was for a non-violence offence, or that they no longer pose an unacceptable risk to the Australian community.