Visa cancellation on character grounds under Australian immigration law
Immigration Minister Tony Burke has confirmed that Kanye West, also known as Ye, had his visa cancelled following the release of a song titled Heil Hitler, which contained antisemitic content. The decision may have been made with reference to the character test provisions of Section 501 of the Migration Act 1958 (Cth) and exercised by way of the Minister’s powers under Section 116 of the Migration Act 1958, which allow the Minister to cancel a visa where grounds exist.
While Kanye’s visa was not granted for concert or advocacy purposes, officials in the Department of Home Affairs still exercised their legal discretion to cancel the visa, perhaps a Visitor visa, due to serious concerns about the promotion of hate speech and the glorification of Nazism.
“He’s got family here … It wasn’t a visa for the purpose of concerts … and the officials still looked at the law and said if you’re going to have a song and promote that sort of Nazism, we don’t need that in Australia,” Minister Burke stated during his ABC interview.
Visa cancellations under section 116 or 109 grounds
The Minister has broad powers to cancel a visa under various sections of the Migration Act, if they think it is in the public interest to do so, be it discretionary or mandatory powers. Notably, the Minister has additional powers under section 133 of the Migration Act to cancel visas on section 109 or 116 grounds. In a particular situation as such, a Visa may be cancelled under S116(e)(ii), whereby the presence of its holder in Australia is or may be, or would or might be, a risk to:
(i) the health, safety or good order of the Australian community or a segment of the Australian community; or
(ii) the health or safety of an individual or individuals; or
(f) the visa should not have been granted because the application for it or its grant was in contravention of this Act or of another law of the Commonwealth; or ….
Character test under Section 501
Under Section 501 of the Migration Act, an individual can fail the character test for a number of reasons, including:
- Having a substantial criminal record
- Being likely to engage in criminal conduct
- Being considered a risk to the Australian community
- Promoting or inciting discord or vilification on the basis of race, religion, nationality, or political opinion
Although Kanye had previously been granted a visa, the law allows for visa reassessment and cancellation at any time if new information comes to light — in this case, the release of new material that was assessed to promote antisemitism.
No permanent ban, but strict reassessment applies
Minister Burke clarified that Kanye’s cancellation does not equate to a lifetime ban. However, he reaffirmed that all future visa applications will be assessed under the same framework, and character considerations will play a central role. Appeals may be possible by way of the Administrative Review Tribunal or the Federal Courts.
Examples of other notable figures with previous or current refusals or cancellations
Reason: Denied entry in 2015 following his conviction for assaulting singer Rihanna in 2009. The government cited serious character concerns.
Reason: Visa cancelled in June 2025 due to concerns over social media posts deemed Islamophobic and inflammatory, including comparisons of Palestinians to Nazis and denial of reported atrocities in Gaza.
Reason: Visa denied in 2024 after making public comments downplaying the Holocaust and inciting discord, prompting concern over antisemitism and Islamophobia.
Reason: Denied entry multiple times due to Holocaust denial and concerns he could incite community discord. Authorities found he failed the Migration Act’s character test.
Reason: Denied a visa in 2015 due to multiple convictions for domestic violence, including a 2012 jail sentence for assaulting his former partner. Australian authorities cited serious character concerns under the Migration Act.
Legal implications for visa applicants and sponsors
This case highlights several critical points for individuals and organisations involved in the Australian visa process:
- Visa holders can have their visa cancelled at any time if character concerns arise.
- Speech that promotes hatred or vilification may be considered grounds for failing the character test, even in the absence of a criminal conviction.
- Sponsors must consider reputational and legal risks when supporting visa applicants who have made controversial or offensive public statements.
- All visa applications are assessed on a case-by-case basis, and prior visa grants do not guarantee future approvals.
Expert legal guidance is essential
At Absolute Immigration Legal, we assist individuals and sponsors in navigating the complexities of Australian immigration law, including character test issues, visa cancellations, and risk mitigation strategies.
If you require guidance on a current visa matter or are concerned about how character-related provisions could affect an application, contact us on admin@absoluteimmigrationlegal.com.
* This article is intended for general informational purposes only and does not constitute legal advice. Readers should seek independent legal counsel before relying on any information herein.