Section 501CA — Revocation of mandatory cancellation
Text of provision
subsection 501(3A) (person serving sentence of imprisonment) ................................................................290
Plain English
Section 501CA provides that a person whose visa has been mandatorily cancelled under s 501(3A) (the mandatory character cancellation threshold) may make representations to the Minister requesting revocation of the cancellation. The Minister may revoke the cancellation if satisfied that the person passes the character test, or that there is "another reason" to do so. If revocation is refused, the person may seek merits review before the ART.
Practical effect
The s 501CA revocation pathway is the primary avenue for challenging mandatory visa cancellations on character grounds. The "another reason" discretion is broad and has been the subject of significant ART and judicial authority. Relevant factors include: the strength of ties to Australia; the period of lawful residence; family circumstances (particularly children in Australia); evidence of rehabilitation; and the severity of the underlying offending. The ART applies the Minister's Direction No. 110 (Character Cancellation Direction), which provides a structured framework for assessing these factors. Practitioners should use the Direction as a guide when preparing revocation submissions.