The Rise of Section 501BA Visa Cancellations: National Interest vs Administrative Justice

Section 501BA of the Migration Act 1958 (Cth) empowers the Minister to personally override a Tribunal decision revoking a mandatory visa cancellation, provided the visa-holder fails the character test and cancellation is in the “national interest.” Natural justice is expressly excluded, enabling swift executive action. Though intended as an “exceptional” safeguard, the power is now used with increasing frequency, often against long-term residents who had successfully appealed to the AAT (now the ART).

Judicial review in the Federal Court has rarely curtailed its use, with intervention limited to cases of material factual error or illogical reasoning. While courts emphasise that fairness concerns do not displace Parliament’s design, persistent reliance on s 501BA risks eroding the transparency and authority of merits review.

Please join Associate Professor Dr Jason Donnelly in this CPD which argues that without restraint or reform, the routine use of this override power undermines rule-of-law values and public confidence in migration decision-making.

Chaired by Greg Johnson

Please note: Only NSW barristers or members of the NSW Bar Association can register for CPDs or webinars.