s501 – New Direction 110 – visa & citizenship cancellation or refusal – bad character – Criminal history – specialist crimmigration lawyers
As many know AR LAW SERVICES: Master Migration Lawyers are specialist crimmigration lawyers consequently I do a great deal of work with non-citizen clients facing visa or citizenship refusal or cancellation due to “bad character” Central to those appeals to the AAT (soon to be replace by the ART) and Federal Court are Ministeral directions. Recently they have changed, what follows is a brief summary of what has happen:
This Direction is ‘Direction no. 110 — Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA’.
It may be cited as Direction no. 110.
Direction 110, which supersedes Direction 99, maintains the same focus on visa refusal, cancellation, and revocation of mandatory visa cancellation under sections 501 and 501CA of the Migration Act 1958. It retains the core principles and primary considerations but introduces refinements and updates to ensure a more robust and clear application process. Direction 110 aims to enhance the safety of the Australian community and provide clearer guidance to decision-makers.
That is:
Direction 110 builds upon and replaces Direction 99 with updates to definitions, primary and other considerations, and decision-making principles. Direction 110 refines the criteria and processes for decision-making to ensure clarity and consistency.
Significant Changes and Their Impact
Direction 110 introduces additional clarity and updates to definitions, ensuring they are consistent with current legal standards and societal expectations.
Direction 110 maintains the primary considerations but provides more detailed guidance on their application, including the severity and frequency of conduct and the impact on victims and the community.
Direction 110 enhances the decision-making framework with more specific criteria and examples, aiming for greater consistency and transparency in decisions.
While the old direction addressed non-refoulement obligations, it lacked detailed procedural guidance. The new Direction 110 provides more comprehensive guidance on handling non-refoulement claims, ensuring compliance with international obligations and clarity for decision-maker
Other Significant Crimmigration Cases AR LAW SERVICES have argued:
The Last Man Hanged and the rule of law: Representing Peter Walker bad Character, s501
If your appeal to AAT is unsuccessful AR LAW SERVICES: Master Migration & Regulatory Lawyers may be able to help! 
Please watch our short film on appeals from the AAT or IAA to the Federal Circuit Court.
Note well – AR LAW SERVICES: Master Migration Lawyers are a Specialist Crimmigration Law Firm.
And Remember – if you are in this position because of your agent…
WE SUE DODGY (Fraudulent, dishonest bad) agents
For more go to www.arlaw.com.au Note: this update, or any previous updates on this page, do not constitute legal advice and should not be relied upon as such. Please call our office to seek professional advice before acting or relying on any of the content on this page
