Section 501 Character Cancellation

Section 501 Visa Cancellation Appeal and Review

If your visa has been cancelled or refused on character grounds under section 501, you may have a right to seek review of the decision by the Administrative Review Tribunal (ART), depending on the type of decision, who made it and your circumstances. The ART can review certain decisions to refuse or cancel a visa on character grounds under section 501 and certain decisions not to revoke a mandatory cancellation under section 501CA.

There are strict deadlines for section 501 character cancellation appeal and review applications. For certain expedited character reviews involving a person who was in Australia when the decision was made, the ART states that the application must generally be lodged within nine days after receiving the decision. The exact deadline should always be checked against the Department's decision notification because missing the applicable deadline can prevent the Tribunal from reviewing the decision.

The ART treats qualifying section 501 and 501CA reviews as expedited where the person was in Australia when the decision was made. The Tribunal states that it aims to make a decision within 84 days from the date the person was notified of the Department's decision in an expedited review. Different rules apply where the person was outside Australia or where the review is otherwise classified as non-expedited.

Mandatory Section 501 Cancellation

Mandatory cancellation under section 501(3A) is different from discretionary cancellation. Where the statutory requirements for mandatory cancellation are met, the visa must be cancelled. Importantly, a mandatory cancellation under section 501(3A) is not directly reviewable by the ART in the same way as certain discretionary section 501 decisions. The former visa holder must first apply to the Department for revocation of the mandatory cancellation under section 501CA.

A person dealing with a mandatory cancellation should therefore pay close attention to the Department's notification and the available revocation process. The evidence and circumstances relevant to a revocation request can be highly important, and the process has strict statutory requirements.

What Happens in a Section 501 Review?

A section 501 review can involve consideration of the circumstances that led to the character decision, evidence about the applicant's conduct and rehabilitation, the impact of the decision on family members and other relevant circumstances. The applicable legal framework and ministerial direction determine the factors that must be considered in the decision-making process.

The outcome will depend on the evidence and the applicable law. A section 501 review is not automatically successful simply because a person has completed a sentence or has strong family connections in Australia. Each case must be assessed according to its particular facts and the statutory framework.

For official information, you can review the Administrative Review Tribunal information on character-related visa decisions and the Department of Home Affairs information about Australian visa character requirements.

Frequently Asked Questions

1. What is section 501 character cancellation?

Section 501 character cancellation is a visa cancellation based on the character provisions of the Migration Act 1958. A visa may be cancelled where the decision-maker determines that the person does not pass the statutory character test and the applicable cancellation provisions are satisfied.

2. Can I appeal a section 501 visa cancellation?

You may have a right to seek review of certain section 501 decisions through the Administrative Review Tribunal. However, not every section 501 decision is reviewable. In particular, decisions made personally by the Minister are not reviewable by the ART.

3. How long do I have to apply for a section 501 review?

Strict deadlines apply. For qualifying expedited section 501 or 501CA character reviews where the person was in Australia when the decision was made, the ART states that the review application must generally be lodged within nine days of receiving the decision.

4. What happens if my visa was mandatorily cancelled under section 501(3A)?

A mandatory cancellation under section 501(3A) must first be addressed through an application to the Department for revocation under section 501CA. The ART does not directly review the mandatory cancellation itself before the revocation process has been followed.

5. Should I get professional help with a section 501 visa cancellation?

Section 501 matters can involve strict deadlines and complex character requirements. Professional assistance may help you understand the decision, identify the applicable review or revocation pathway and prepare relevant evidence. You should act promptly after receiving a cancellation or character decision.