Section 501A — Refusal or cancellation of visa — Minister's personal power
Text of provision
substitution of non-adverse decision under subsection 501(1) or (2) .................................................284
Plain English
Section 501A provides that the Minister may personally refuse or cancel a visa on character grounds under s 501 even if the ART has set aside a character refusal or cancellation. The Minister's power under s 501A overrides an ART decision. The Minister must consider that refusing or cancelling the visa is in the national interest. The power cannot be delegated — it must be exercised personally by the Minister.
Practical effect
Section 501A is significant because it can negate an ART win for an applicant. Where a person wins before the ART on character grounds, the Minister can still personally cancel or refuse the visa in the national interest. This has occurred in high-profile cases involving serious criminal history. The Minister's decision under s 501A is subject to judicial review but not merits review — the courts can only review for legal error, not substitute their assessment of the national interest. The availability of this power means that ART wins in character matters may not be final.