Legal Project Management Plan & Checklist
Use this fork when your client has had a visa cancelled on character grounds under s 501 of the Migration Act 1958 (Cth) and is physically located in Australia (onshore) at the time of the decision. This is the most urgent pathway in the entire ART jurisdiction: the filing deadline is 9 calendar days from notification and is strictly non-extendable. The Tribunal must deliver its final decision within 84 days (12 weeks). All evidence must be served on the Minister's representative at least 2 business days before the hearing - any evidence served late is statutorily excluded without exception.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | ||||
This fork covers character cancellation appeals within the ART Migration jurisdictional area. The ART replaced the AAT on 14 October 2024. Note: the Minister's personal cancellation decisions under s 501(3) are not reviewable by the ART - judicial review in the Federal Court is the only avenue for those.
The practitioner first determines whether the cancellation is discretionary under s 501(2) or mandatory under s 501(3A) (which applies where the person is serving a prison sentence and has a substantial criminal record). If mandatory, a s 501CA revocation application is considered before the ART review. The urgent ART application is lodged within 9 days. Criminal history, sentencing remarks, and prison records are obtained. The 2-business-day evidence submission deadline is diarised immediately. The client's duty of candour requires full disclosure of all historical convictions. Mitigating factors under Direction 110's five primary considerations are identified and addressed in a written submission. Character evidence including rehabilitation reports, psychological assessments, and community support letters is prepared. The expedited hearing occurs within the 84-day statutory window. If unsuccessful, judicial review in the Federal Court on grounds of jurisdictional error is evaluated.
Key legislation: Migration Act 1958 (Cth) s 501(2) (discretionary cancellation), s 501(3A) (mandatory cancellation - substantial criminal record), s 501CA (revocation of mandatory cancellation), s 501A(2) (Minister's power to re-cancel overriding ART decision), s 501BA (Minister's power to set aside a favourable ART decision); Administrative Review Tribunal Act 2024 (Cth); Administrative Review Tribunal (Migration, Protection and Character) Practice Direction 2026 (2-business-day evidence submission rule, 84-day decision mandate); Direction 110 (commenced 21 June 2024, replacing Direction 99, five primary considerations: community protection, family violence, ties to Australia, strength of family relationships, impediments to removal). Filing deadline: 9 calendar days from receipt of the cancellation notice; if the 9th day falls on a weekend or public holiday, the deadline extends to the next working day.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Administrative Appeal (Applicant) - Character Grounds Visa Cancellation (S501) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Administrative Law cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
matter.matterNumber |
| text |
| Required |
inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
Evaluate s 501 character test criteria, assess prison sentencing remarks, and determine cancellation type (discretionary or mandatory).
Draft and file the urgent s 501 character cancellation appeal with the ART within the 9-day non-extendable deadline.
Gather character references, rehabilitation reports, psychological risk assessments, and country information.
Draft and file detailed submissions addressing all five primary considerations under Direction 110.
Represent the client at the expedited ART hearing (84-day target) to resist character cancellation.
Got a question about this plan?
Ask in the practitioner Discord - edge cases, rule changes, and jurisdiction-specific nuances, all in one place.