{"id":"F2008L04745","name":"Migration Act 1958 - Revocation of section 499 Direction No. 5","slug":"migration-act-1958-revocation-of-section-499-direction-no-5","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":121110,"registerId":"commonwealth-F2008L04745-current","compilationNumber":null,"startDate":"2026-04-03","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"REVOCATION OF SECTION 499 DIRECTION NO 5","sectionType":"part","heading":"REVOCATION OF SECTION 499 DIRECTION NO 5","content":"![](image.001.png)  \n\nCommonwealth of Australia\n\nMigration Act 1958\n\n# REVOCATION OF SECTION 499 DIRECTION NO 5\n\n# (SECTION 499)\n\nI, CHRIS EVANS, Minister for Immigration and Citizenship, acting under  \nsection 499 of the Migration Act 1958 (‘the Act’):\n\nREVOKE “Direction No 5 – Visa refusal under section 501”, signed on 25 November 1997.\n\nThis instrument commences on the day after registration on the Federal Register of Legislative Instruments\n\nDated 25 November 2008\n\nCHRIS EVANS\n\nMinister for Immigration and Citizenship\n\n\\[NOTE Section 499 of the Act provides that the Minister may give directions to a person or body having functions or powers under this Act if the directions are about the performance of those functions or the exercise of those powers.\\]","sortOrder":0},{"sectionNumber":"(SECTION 499)","sectionType":"part","heading":"(SECTION 499)","content":"# (SECTION 499)\n\nI, CHRIS EVANS, Minister for Immigration and Citizenship, acting under  \nsection 499 of the Migration Act 1958 (‘the Act’):\n\nREVOKE “Direction No 5 – Visa refusal under section 501”, signed on 25 November 1997.\n\nThis instrument commences on the day after registration on the Federal Register of Legislative Instruments\n\nDated 25 November 2008\n\nCHRIS EVANS\n\nMinister for Immigration and Citizenship\n\n\\[NOTE Section 499 of the Act provides that the Minister may give directions to a person or body having functions or powers under this Act if the directions are about the performance of those functions or the exercise of those powers.\\]","sortOrder":1}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":1729},"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is a straightforward revocation instrument that removes a previous ministerial direction without expanding, narrowing, or altering the underlying legislative framework. It performs exactly the function stated in its title."},"complexity_factors":["Single operative provision (revocation only)","No defined terms or interpretation section","No conditional logic or exceptions","Minimal cross-references (only to enabling Act and instrument being revoked)","No transitional or savings provisions"],"plain_english_summary":"**What this does**\nThis document cancels an earlier set of instructions given to immigration officials.\n\nIn 1997, the government issued 'Direction No. 5' which told immigration staff how to decide whether to refuse or cancel someone's visa based on their character (under **section 501** of the Migration Act — the part of the law that allows refusal if someone fails the 'character test'). This 2008 instrument officially tears up those 1997 instructions.\n\n**Why it matters**\n* Immigration officials must still follow the Migration Act when deciding visa matters, but they no longer have to follow the specific policy rules from the 1997 Direction\n* This removes mandatory guidance that previously required decision-makers to consider certain factors when assessing character concerns\n* It effectively resets the policy framework for character-related visa decisions, allowing new guidance to be issued or reverting to general discretion under the Act"}},"importantCases":[],"_links":{"self":"/api/acts/migration-act-1958-revocation-of-section-499-direction-no-5","history":"/api/acts/migration-act-1958-revocation-of-section-499-direction-no-5/history","analysis":"/api/acts/migration-act-1958-revocation-of-section-499-direction-no-5/analysis","conflicts":"/api/acts/migration-act-1958-revocation-of-section-499-direction-no-5/conflicts","importantCases":"/api/acts/migration-act-1958-revocation-of-section-499-direction-no-5/important-cases","documents":"/api/acts/migration-act-1958-revocation-of-section-499-direction-no-5/documents"}}