Section 501: A Guide To How Appeals Work [New Direction No 110]

Section 501 Revocation: A Guide to Making a Revocation Application After a 501 Cancellation

Get s.501 Visa Cancellation Help Here.

When someone in the Department, other than the Minister or Assistant Minister, decides to cancel your visa under section 501 of the Migration Act, you typically have the opportunity to seek a revocation of that decision. Acting promptly is crucial if you wish to pursue a revocation. Be aware that obtaining a determination regarding the revocation may still take a long time.

Understanding Section 501 Visa Cancellation

Section 501(3A) of the Migration Act states that a visa must be cancelled if the visa holder has been sentenced to imprisonment or found guilty of a sexually-based crime involving a child, on a full-time basis in a custodial institution, for an offence against a law of the Commonwealth. This is known as a mandatory cancellation.

Can You Appeal a Visa Cancellation Decision Made Under Section 501?

The way forward after a section 501 cancellation differs from visa cancellations under other sections of the Migration Act. The first question to consider is: who cancelled your visa?

  • If the Minister or Assistant Minister personally cancels your visa, you have no right of review to the Administrative Appeals Tribunal (AAT). The only opportunity for appeal is in the Federal Court, where you must convince a judge that the Minister made a legal error in their decision.
  • If your visa is cancelled under section 501 by a delegate of the Minister, you usually have an opportunity to seek a review of the cancellation. You must act promptly if you wish to seek a revocation of the decision. However, please be aware that the determination regarding the revocation may still take a long time.

The opportunity for appeal is in the general division of the AAT. If a delegate of the Minister cancels your visa, we can help apply for a revocation of the cancellation as soon as possible.

Steps to Take After a Section 501 Visa Cancellation

  1. Immediate Action: Once you receive a notice of visa cancellation under section 501, it is vital to act swiftly. You have a limited time to apply for revocation, and delaying could jeopardize your chances of a successful appeal.
  2. Seek Legal Advice: Contact an immigration lawyer experienced in section 501 cancellations immediately. Legal guidance can help you understand the complexities of the process and ensure that your application is comprehensive and timely.
  3. Prepare a Skeleton Response: Even if you do not have all the necessary documentation ready, submit a skeleton response within the prescribed time. This initial submission is crucial and allows you to make additional submissions later.
  4. Gather Supporting Documents: After submitting the initial response, gather all relevant supporting documents. These may include character references, employment records, and psychologist reports that can strengthen your case for revocation.
  5. Submit Additional Information: Continue to submit additional supporting materials as they become available. The more comprehensive your submission, the better your chances of a favorable outcome.
  6. Stay Informed: Keep yourself updated on the status of your application and any changes in the law or procedures that may affect your case.

New Direction 110 (Effective June 24, 2024)

As of June 24, 2024, Direction 110 has replaced Direction 99. This new direction provides updated guidelines and procedures for handling visa revocations under section 501. If you have previously made a submission under Direction 99, it is essential to update your application to comply with the new requirements of Direction 110.

Direction 110 emphasizes the need for comprehensive and timely submissions. It focuses on several key considerations:

  1. Protection of the Australian Community: Ensuring that individuals who pose a risk to the community are not allowed to remain in Australia.
  2. Impact on Family and Children: Considering the best interests of any minor children in Australia who may be affected by the visa holder’s cancellation.
  3. Character and Conduct: Assessing the nature and severity of the visa holder’s criminal or other serious conduct.
  4. Ties to Australia: Evaluating the strength, nature, and duration of the visa holder’s ties to the Australian community.
  5. Community Expectations: Reflecting the expectations of the Australian population regarding the behavior and character of non-citizens.

What to Do If Your Submission Was Made Under Direction 99

If you have already made a submission under Direction 99, it is crucial to update it to align with the new guidelines set out in Direction 110. This update should be done as soon as possible to ensure your application is considered under the current framework.

Contact Us for Assistance

Navigating the complexities of a section 501 cancellation and the new Direction 110 can be challenging. Our experienced team is here to help you every step of the way. Whether you need assistance updating your submission or require guidance on making a new application, we can provide the support you need to maximize your chances of a successful outcome.

Conclusion

Dealing with a section 501 visa cancellation is a serious matter that requires prompt and informed action. Understanding the new Direction 110 and ensuring your submissions are up to date is vital for your application’s success. By seeking professional assistance and staying informed, you can build a strong case for the revocation of your visa cancellation.

For more information or to discuss how we can help you with your revocation application under section 501, please contact us today. We are here to assist you through this challenging process.

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