Under Section 501 of the Migration Act 1958, a visa may be refused or cancelled where the applicant or holder fails the character test set out in section 501(6) of the Act. The character test addresses substantial criminal records, association with certain organisations, past and present conduct, and other specified matters.
Review rights following a section 501 decision turn primarily on the identity of the decision-maker.
A decision made by a delegate of the Minister is reviewable on its merits by the Administrative Review Tribunal (ART), which replaced the Administrative Appeals Tribunal from 14 October 2024. The Tribunal stands in the position of the original decision-maker and may receive further evidence, including evidence not before the delegate at first instance.
A decision made by the Minister personally is not amenable to merits review. Review in such cases lies in the original or appellate jurisdiction of the Federal Court of Australia, by way of judicial review. Judicial review is confined to grounds of jurisdictional error and does not extend to the merits of the decision.
Time limits in section 501 matters are short. For most ART applications the period is nine days from notification of the decision; Federal Court applications are generally subject to a 35-day limit, calculated from the date of notification.
Where a decision results in the cancellation of a substantive or bridging visa held by a person in Australia, immigration detention may follow as a separate operational consequence. The detention question runs in parallel with the review pathway rather than as a sequential step.
Given the compressed limitation periods and the procedural distinction between merits and judicial review, early engagement is the practical necessity in any section 501 matter.