Section 501 lawyer: what to check before you hire one

Character decisions under section 501 run on short, strict clocks. Here is what to check about a practitioner, what the 9-day window means for hiring, and which free services say they cover cancellations.

Character decisions under section 501 of the Migration Act run on shorter clocks than the general 28-day review rule, and the ART cannot extend the main one. Anyone you pay to help must be a registered migration agent or an Australian lawyer with a practising certificate. This page sets out what to check about a practitioner, not who to choose.

The clocks, in plain terms

The Act counts the 9 days from notification under section 501G. The ART's expedited-review fact sheet words it as 9 days after you received the decision and two sets of documents from the Department, and says a weekend or holiday ninth day moves to the next working day. Because the wording differs, the date in your letter is the one to go by, and a practitioner can explain how it applies to you. For non-expedited character reviews, such as those of people outside Australia, the ART says you usually have 28 days and can apply to extend the time limit. See character refusal and cancellation (section 501) and mandatory cancellation under section 501(3A).

ART review of a delegate's section 501 decision, or of a delegate's refusal to revoke a mandatory cancellation, for a person in the migration zone: 9 days after notification. The ART says it has no power to extend this.
In those expedited reviews, the ART has 84 days from the day you were notified of the decision. If it has not decided by then, the original decision is taken to be affirmed, subject to listed exceptions.
Revocation request after a mandatory cancellation under section 501(3A): within 28 days after being given the notice and the particulars of relevant information.
Representations under section 501C, after the Minister personally refuses or cancels under section 501(3): within 7 days.

What the ART cannot review

The ART cannot review a mandatory cancellation under section 501(3A) itself. You must first ask the Department to revoke it, and the ART can review a delegate's refusal to revoke. It also cannot review section 501 or 501CA decisions the Minister makes personally. Ask which stage any quote covers. For the separate topic of asking the Minister to intervene, see ministerial intervention explained.

Hiring questions specific to character matters

The character test is partly about criminal history: a sentence of 12 months or more, or two or more sentences totalling 12 months or more, counts as a substantial criminal record, and concurrent terms are counted in full. So the outcome of a criminal case can feed straight into a migration decision. This site cannot say whether one lawyer should handle both; it is reasonable to ask any practitioner what they will need from the criminal matter and who will coordinate the two.

Decision-makers must comply with a Ministerial Direction made under section 499. Direction 110 was the version we found in force on 16 October 2026. A law firm article dated 28 September 2026 reports that a Direction 123 will replace it from 31 October 2026, but we could not find it in a primary source, so this point is not settled. Ask your practitioner which direction applies to your decision.

Timing inside the review matters too. In an expedited review, the ART must not have regard to oral information unless it was set out in a written statement given to the Minister at least 2 business days before the hearing, which shortens the working time again.

Checking the practitioner

The checks are the same as for any migration matter: the OMARA Register for a registered agent (including any caution or suspension note), or the state or territory professional body for a lawyer's practising certificate. The step-by-step version is in how to check a migration agent is registered. Home Affairs says neither can guarantee a visa.

Fees: the ART fee is lower here

The ART's standard fee for character reviews is A$1,195, paid when you lodge, and the ART will not start the review until you pay. Its expedited-review fact sheet (July 2026) says a reduced fee of A$100 applies if you are in prison or immigration detention, have been granted legal aid for the application, hold certain Commonwealth concession cards, are under 18 or receive youth allowance, Austudy or ABSTUDY, or the ART decides the standard fee would cause financial hardship. The ART's general fees page does not spell out the reduced fee for character reviews, so check the current position with the ART. Your practitioner's fee is separate. Registered agents must give a signed agreement with a fixed fee or hourly rate and estimate before starting. See migration agent fees and written agreements.

Free help

Legal Aid NSW says its Immigration Service gives free advice on visa cancellations, detention and removal, and Federal Court matters, and can represent people at the ART if they are eligible for legal aid; it says to start with LawAccess NSW on 1300 888 529. The Immigration Advice and Rights Centre lists visa cancellations among its areas for people in NSW. The Refugee Advice and Casework Service gives free legal help to refugees and people seeking asylum. Each has eligibility and location limits; the ART lists other states' legal aid commissions. See free and low-cost help after a visa refusal.

Which clock is yours

This page cannot tell you which of these clocks applies to you or whether your decision can be reviewed. The law requires a delegate's character decision letter to state the review rights and time limit, and a registered agent, lawyer or free service can go through it with you. Nothing here is legal advice. For the wider picture, see visa cancellation explained.