Legal Project Management Plan & Checklist
After a Section 501 revocation refusal, lodge an ART review application within 9 business days or lose all merits review rights permanently.
How long do I have to appeal to the ART after a Section 501 revocation refusal?: You have 9 business days from receiving the Decision Record of the Minister's revocation refusal to lodge an application for review with the Administrative Review Tribunal (ART) under s 500(1)(b) of the Migration Act 1958 (Cth). This deadline is strictly non-extendable under s 19 of the Administrative Review Tribunal Act 2024 (Cth). The ART filing fee for migration matters (as at 2026) is $1,580. An incomplete application lodged within time is preferable to a complete application lodged out of time.
What does the ART consider in a Section 501 ART review?: The ART conducts a full de novo merits review applying Direction 110 as at the date of the ART's decision. The ART stands in the shoes of the Minister and re-weighs all primary considerations (protection of the Australian community, best interests of minor children, expectations of the Australian community) and other considerations. New evidence not before the original decision-maker is admissible. The ART may substitute its own decision for the Minister's if it concludes the cancellation should be revoked.
Jurisdiction: The Administrative Review Tribunal (ART) - Immigration and Citizenship Division - hears s 501 visa cancellation review applications under s 500 of the Migration Act 1958 (Cth). The ART replaced the former Administrative Appeals Tribunal (AAT) from 14 October 2024.
The Process at a Glance: Upon receiving the Decision Record of a revocation refusal, the practitioner immediately calculates the 9-business-day ART filing deadline and lodges an application for review via the ART Online Portal (online.aat.gov.au), paying the prescribed filing fee. The practitioner applies for a stay of removal if the client faces imminent removal. The Department provides T documents (the administrative file) within 28 days. The ART holds a case conference, then a substantive hearing applying Direction 110 de novo. The ART issues a written decision; if adverse, judicial review in the Federal Court of Australia on jurisdictional error grounds (s 476 Migration Act) is the next step.
Key Legislation and Case Law: Migration Act 1958 (Cth) ss 500(1)(b) (ART review right), 476 (Federal Court judicial review, 35-day deadline), 501 (character test), 501CA (revocation procedure); Administrative Review Tribunal Act 2024 (Cth) s 19 (non-extendable 9-day deadline for character decisions), ss 23-27 (T documents duty); Direction 110 (primary and other considerations). Key cases: Minister for Immigration v Huynh [2021] FCAFC 235 (genuine engagement with Direction required); FYBR v Minister for Immigration [2022] FCAFC 13 (individual assessment per child); Pearson v Minister for Home Affairs [2022] FCAFC 203 (community protection - nature of conduct not just sentence length).
* 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 Section 501 Visa Cancellation - Revocation Submissions - ART Appeal after Revocation Request Refused 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 Immigration & Migration Law cases, outlining the standard Administrative Filing process. Utilize these tracking templates to manage your legal cases efficiently.
ART review application lodged within 9 business days; filing fee paid; stay of removal applied for if required.
Departmental administrative file received; reviewed for additional grounds and factual errors; supplementary evidence identified.
Statement of Facts and Contentions filed; witness list confirmed; oral evidence prepared; all exhibits paginated and indexed.
Statement of Facts and Contentions filed; witness list confirmed; oral evidence prepared; all exhibits paginated and indexed.
ART written decision received; client advised; further appeal options assessed.
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