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Section 501 Notice of Intent to Cancel Visa Not Proceeded With — First Offence, Pornography Possession

Visa TypeSubclass 444 / Section 501
CategoryCharacter / Section 501

Case Summary

An applicant received a notice of intention to cancel his visa on character grounds after being found in possession of pornography and sentenced to 18 months imprisonment — his first criminal offence. We submitted that he would not re-offend and demonstrated his substantial ties to Australia, and the visa was not cancelled.

Background

The applicant was found in possession of pornography by the Australian Federal Police during a search warrant executed at his home. He was charged and subsequently convicted, receiving a sentence of 1 year and 6 months imprisonment. This was his first criminal offence. The sentence triggered a section 501 character assessment and a notice of intention to cancel his visa.

Challenges

  • The 18-month sentence met the threshold for a substantial criminal record under section 501
  • The nature of the offence — possession of pornography — carried particular sensitivity
  • First offence context needed to be weighed against the nature of the offending

How We Helped

We submitted detailed forensic clinical psychological evidence addressing the nature of the applicant's conduct, the likelihood of re-offending, and his substantial ties to Australia. We framed the case around the first-offence context and provided evidence-based arguments that the applicant did not pose an ongoing public risk.

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Key Success Factors

  • First offence — no prior criminality providing a strong mitigating context
  • Detailed forensic clinical psychological evidence on the issue of future conduct and re-offending likelihood
  • Substantial ties to Australia providing a further countervailing factor
Schedule a call to discover how our experience and expertise made it possible

Outcome

The Department accepted our submissions and the notice of intention to cancel visa was not proceeded with. The applicant's visa was retained.

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