Commonwealth legislation

Migration Act 1958 - Revocation of section 499 Direction No. 5

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

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What this does This document cancels an earlier set of instructions given to immigration officials.

In 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.

Why it matters

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
This removes mandatory guidance that previously required decision-makers to consider certain factors when assessing character concerns
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

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Current sections

Direct links to the current provisions in Migration Act 1958 - Revocation of section 499 Direction No. 5.

REVOCATION OF SECTION 499 DIRECTION NO 5

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Commonwealth of Australia

Migration Act 1958

REVOCATION OF SECTION 499 DIRECTION NO 5

(SECTION 499)

I, CHRIS EVANS, Minister for Immigration and Citizenship, acting under
section 499 of the Migration Act 1958 (‘the Act’):

REVOKE “Direction No 5 – Visa refusal under section 501”, signed on 25 November 1997.

This instrument commences on the day after registration on the Federal Register of Legislative Instruments

Dated 25 November 2008

CHRIS EVANS

Minister for Immigration and Citizenship

[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.]

(SECTION 499)

I, CHRIS EVANS, Minister for Immigration and Citizenship, acting under
section 499 of the Migration Act 1958 (‘the Act’):

REVOKE “Direction No 5 – Visa refusal under section 501”, signed on 25 November 1997.

This instrument commences on the day after registration on the Federal Register of Legislative Instruments

Dated 25 November 2008

CHRIS EVANS

Minister for Immigration and Citizenship

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

REVOCATION OF SECTION 499 DIRECTION NO 5 REVOCATION OF SECTION 499 DIRECTION NO 5

Commonwealth of Australia

Migration Act 1958

REVOCATION OF SECTION 499 DIRECTION NO 5

(SECTION 499)

I, CHRIS EVANS, Minister for Immigration and Citizenship, acting under
section 499 of the Migration Act 1958 (‘the Act’):

REVOKE “Direction No 5 – Visa refusal under section 501”, signed on 25 November 1997.

This instrument commences on the day after registration on the Federal Register of Legislative Instruments

Dated 25 November 2008

CHRIS EVANS

Minister for Immigration and Citizenship

(SECTION 499) (SECTION 499)

(SECTION 499)

I, CHRIS EVANS, Minister for Immigration and Citizenship, acting under
section 499 of the Migration Act 1958 (‘the Act’):

REVOKE “Direction No 5 – Visa refusal under section 501”, signed on 25 November 1997.

This instrument commences on the day after registration on the Federal Register of Legislative Instruments

Dated 25 November 2008

CHRIS EVANS

Minister for Immigration and Citizenship