Immigration Minister Andrew Giles has announced new visa cancellation rules, emphasizing community safety and the impact on crime victims. The new directive, Ministerial Direction 110, aims to reflect community expectations better and will come into effect on June 21.
Giles stated that the safety of the Australian community is the government’s highest priority. The new rules were introduced following numerous cases where the Administrative Appeals Tribunal overturned visa cancellations of non-citizens who had committed serious offences. The directive asserts that community protection should generally outweigh other considerations, although decision-makers retain some discretion.
The directive also prioritizes the impact on victims of family violence and their families. Decision-makers are instructed to consider the seriousness of the offending and its impact on victims and their families, ensuring procedural fairness for non-citizens to respond.
In January 2023, the Albanese government issued Ministerial Direction 99, which required consideration of non-citizens’ ties to Australia, community protection, family violence, children’s interests, and community expectations when deciding visa cancellations. Direction 110 retains these considerations.
Despite these changes, Opposition Leader Peter Dutton criticized the new directive, claiming it offers little improvement and still allows undesirable outcomes. He accused Prime Minister Anthony Albanese and Giles of compromising public safety and called for an apology.
Giles defended the new rules, noting he has re-cancelled 40 visas since becoming aware of a backlog of overturned decisions. He confirmed ongoing communication with New Zealand’s foreign minister to ensure common-sense principles and community protection guide visa conditions.
Around ten cases may be reviewed under the old rules in the next fortnight, but they will be re-evaluated by the minister within 24 hours if decisions go against the government. Giles emphasized that his actions aim to serve the national interest.
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