Character-Related Visa Refusals and Cancellations
Australia’s migration law includes strict character requirements under sections 5C, 5H, 36, 116 and 501 of the Migration Act 1958, as well as in the Public Interest Criterion in Schedule 4 to the Migration Regulations 1994. If you’ve had a visa refused or cancelled due to character concerns—or received a notice of intention to do so—McLean Legal can help. We provide expert legal representation at all stages of the process, including Departmental decisions, Tribunal reviews, judicial review, and personal decisions made by the Minister for Home Affairs.
Visa Refusals and Cancellations on Character Grounds
We assist clients who have received a Notice of Intention to Consider Refusal (NOICR) or Notice of Intention to Consider Cancellation (NOICC) their visa.
Additionally, we assist clients with visa refusals and both mandatory and discretionary cancellations under sections 5C, 5H, 36, 116 and 501 of the Migration Act 1958.
Our services include preparing detailed legal submissions, gathering supporting evidence, and representing clients before the Administrative Review Tribunal and in judicial review proceedings. We also assist with requests for revocation of mandatory cancellations and Ministerial intervention requests.
Ministerial Decisions and National Interest Cases
We have particular expertise in challenging personal decisions made by the Minister for Home Affairs, especially in cases involving national interest or national security.
These decisions are often exempt from merits review, making judicial review the only available legal pathway. We work closely with experienced barristers to prepare high-level legal arguments and appear in court on your behalf.
Protection Visa Applicants with Character Issues (NZYQ-Affected)
We represent protection visa applicants affected by the High Court’s decision in NZYQ, which limits the government’s ability to detain individuals indefinitely.
If you are a protection visa applicant with a character refusal or cancellation, we can assist with seeking release from immigration detention, requesting the grant of a Bridging Visa R (subclass 070), challenging ongoing detention or removal efforts and navigating complex intersections between protection claims and character assessments.
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