Finally! A change in the section 501 space: a new Ministerial Direction

What is Ministerial Direction 99?

This question is important if:

1. your visa has been mandatorily cancelled under s 501(3A) of the Migration Act 1958;

2. your visa is being considered for cancellation, or has been cancelled, under section 501(2) of the Migration Act 1958;

3. your visa application is being considered for refusal, or has been refused, under section 501(1) of the Migration Act 1958;

4. your visa or visa application are being considered for cancellation or refusal by the Minister under s 501(3)(a) or (b) of the Migration Act 1958; or

5. if you are awaiting a decision on any of the above matters from the Minister, or Department of Home Affairs, or for a decision on an appeal to Administrative Appeals Tribunal and you do not receive a decision on your matter before 3 March 2023.

Ministerial Direction 99 contains the list factors and considerations that the decision-maker, whether that be the Minister, Administrative Appeals Tribunal, will consider when determining whether to refuse, cancel, or revoke a mandatory cancellation under s 501 of the Migration Act 1958.

These factors are currently listed in Ministerial Direction 90, which commenced on 15 April 2021.

From the 3rd of March 2023 Ministerial Direction 99 commences. It replaces Ministerial Direction No.90.

You can find a copy of Ministerial Direction 99 here. You can find an explanation of the main differences between Ministerial Direction 99 and Ministerial Direction 90 in our blog post called “Listen up section 501s: Changes in Ministerial Direction 99” linked here.

Disclaimer: The contents do not constitute legal advice, are not intended to be a substitute for legal advice and should not be relied upon as such. You should seek legal advice or other professional advice in relation to any particular matters you may have.