Section 501 Appeal: A Guide To Character Cancellation Decisions
How we can help you after your visa is cancelled under section 501?
Cancelled by the Minister – If cancelled by the Minister personally we can review the process followed to make the decision and if there is an error, we can help you make an application to the Federal Court.
Cancelled by a Delegate of the Minister – If not cancelled by the Minister personally, we can help apply for revocation of the cancellation asap.
Here are the questions which we need to answer:
Basic personal data
- What is your date of birth?
- What is your place of birth (town and country)?
- What is your family name?
- What is your given name?
- Have you ever spelt your name in any other way or been known by any other names (name at birth, nickname, married names, aliases) either in Australia or overseas?
- What is your current citizenship(s)?
- Have you ever applied for Australian citizenship?
If so, provide details:
Your arrival in Australia
- When is the date and where is the place of your first arrival in Australia?
- Did you arrive by sea? If so, what is the name of the ship?
- Do you have a current passport or travel/identity document?
- Did you travel to Australia with other people? If so, what are their names, dates of birth and relationship to you?
Your contact details
- What is your telephone number?
- Do you agree to the Department communicating with you by email or other electronic means? If so, what is your email address?
- What is your current residential address?
- What address do you intend to be living at, when released from custody?
- Do you authorise the Department to contact anyone (family or other persons), regarding your case?
Your relationship status
- What is your relationship status now?
- Are you currently in a relationship? If so, what are the details of your partner?
- Are you living with this person now?
- If in prison/detention, will you be living with this person following your release?
- How would you describe your relationship with your partner? (e.g. how you met, how long you have been together)
- How would you describe the impact the cancellation of your visa would have, or has had, on your partner?
Minor Children (children under 18 years of age)
- Do you have children who are under 18 years of age?
- Does the child or children currently reside with you?
- Will the children reside with you upon your release from prison/detention?
- Are you the primary carer for the children? If not, who is the primary carer?
- Do you authorize the Department to contact the custodial parent/guardian of the children?
- Are there any court orders that relate to your children?
- How would you describe your relationship with each child including when it began?
- How often you contact/see the children and the role you play in their lives?
- How would you describe the impact the cancellation of your visa would have, or has had, on the children listed?
- Who are your living parents, step-parents, brothers, sisters, and adult children?
- Who are other close family members including cousins, grandparents, uncles/aunts?
- How many other relatives you have in Australia or overseas?
- How would you describe the impact the cancellation of your visa would have, or had had, on your family?
Criminal history and risk of re-offending
- Do you believe that there are any factors that help to explain your offences which should be taken into account by the decision-maker?
- Have you previously received a warning from the Department or Minister?
- What do you think is the likelihood that you may re-offend now?
- Have you completed any courses or programs that will help you to avoid further offending and to make a positive contribution to the community
- Do you have evidence e.g. course completion certificates?
- Are you currently on parole or subject to reporting requirements? If so, do you have a copy of the conditions of your parole/court order and a report from your parole/supervising officer outlining your behaviour while in the community?
Do you have prison conduct reports?
- Are there any further charges against you that are yet to be dealt with? If so, what are the details?
Strength, Nature and Duration of ties to Australia
- Have you studied in Australia? If so, what are the details including the highest level of education you reached?
- What are you employment history in Australia?
- Do you have character references from your employer or colleagues?
- What are positive contributions you have made to Australia? (for example, volunteer activities, participation in community and cultural activities, employment etc)?
- What hardship would your removal from Australia cause to members of the Australian community?
Impediments to return
- Do you have any diagnosed medical or psychological conditions?
- Are you currently being treated by any doctor/health professional/counsellor? If so, what are their name/s and contact details?
- Do you authorise DIBP to contact these persons to discuss relevant information?
Return to your country of citizenship
- Do you face any criminal charges/convictions in your country of citizenship? If yes, what would happen about these matters on your return?
- Do you have any concerns or fears about what would happen to you on return to your country of citizenship?
- Are there any other problems you would face if you have to return to your country of citizenship?
Any other information
- Do you have any other information you would like to Minister or delegate to consider when making their decision?
How we get started?
MyVisa will typically get approached by your family and friends as soon as they learn that you have had your visa cancelled because of your substantial criminal record.
Our representation (lawyers not just agents)
MyVisa will act as your legal advisor before the Administrative Appeals Tribunal (“Tribunal”). We’ll brief a barrister to appear with us at your hearing and we will instruct your barrister at the hearing.
How we add value?
In order to maximise your chances of revocation, we obtain your instructions over several conferences.
We liaise with the corrections facilities and detention centres to book you in to share information with us. If you can’t speak English well, we’ll arrange for interpreter services over the phone in order to communicate with you effectively.
Further, as required by the Tribunal, we will organise copying and inspection of documents for you at the Tribunal.
We access these documents in order to prepare and finalise the evidence to support your case. Often the section 501 character test material to be copied and inspected at the Tribunal can be many many folders. These need to be scanned and shared between your legal team.
Our goal was to provide our clients the most premium service.
Use of a Barrister (Counsel)
To offer the very best prospects for success, we will almost always briefed a barrister in your matter who we assisted throughout and at the hearing hearing.
We work closely with the Barrister and join with them in all telephone conferences with all witnesses. We obtain relevant statements which are submitted to the Tribunal prior to the date evidence are due. We also ensure that transportation arranged are made for you to be present at your the hearing venue on the day by liaising with the correction facility and the Minister’s solicitors.
How long will the hearing take?
Our hearings are listed for one day but can proceed beyond one day. Decisions are received within a couple of days.
You and your family will be pleased with the way we will attend to your matter. Other clients have expressed to us that they are happy that they could get the best legal representation possible in the circumstances.
In the case where the Minister and not a delegate has cancelled your visa, you’ll need to make application to the Federal Court of Australia (not the Federal Circuit Court) and hope to have the decision quashed on the basis that the decision is infected with some legal error.
AAT and Federal Court are different
Litigation in the Federal Court is different to how cases for revocation are run at the AAT.
Make sure your advisor is experienced in running section 501 appeals.
List of forensic psychologists
A forensic psychologist below might be of assistance to you in the case of a visa cancellation under section 501 of the Migration Act. Here there’s a list of psychologists that we may wish to contact to find somebody suitable for your needs.
Please let me know what you experience is with these psychologists and whether you are aware of others who could be added to this list.