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Cancellation of visas for any criminal conviction
Morrison looking to cancel visas for ANY criminal conviction.
Led into the discussion with suggestions by 3AW Radio’s Neil Mitchell, that an Afghan man who was convicted and given a two-year community corrections order and 300 hours’ unpaid community work should be deported, Immigration Minister Scott Morrison has reignited the prospects that a visa may be cancelled on character grounds for ANY criminal conviction.
The Minister for immigration was responding to 3AW Radio’s Neil Mitchell’s assertions that the Afghan man “is not the sort of person we want in the country". The radio host asked,"Can this man be deported?”. Morrison said. “The current provisions of that Act though don't fill me with all the confidence that I suspect the community would like…” and that he is “working…to bring forward a package of measures that ensure that those provisions can provide the community with the confidence it should have.” The Minister went on to revive the Coalition’s view that the character test “should go further and it should apply to anyone who is on a visa”.
Currently, under the Act if there is a criminal conviction that carries a custodial sentence of 12 months or more then the visa can be cancelled. But when there is no custodial sentence, cancellation is subject to discretion and hence debate. Morrison says he is reviewing the character test to make it more stringent.
“But you all know the courts and you all know how the lawyers get involved in these things, and these things are far more ambiguous. But we won't take a backward step in ensuring these matters are considered and as I said I am going to bring forward a pretty comprehensive set of, and it is not just the legislative change Neil, there is administrative change that is needed and there is regulatory change that I think is needed and we are doing the work on that now."
Comments
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Tuesday, 08 April 2014Excellent piece Chris. Well said. As usual.
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Tuesday, 08 April 2014
The Minister went on to revive the Coalition’s view that the character test “should go further and it should apply to anyone who is on a visa”.
I can just see us having to ask all tourist and student visa applicants to fill out one of the new Form 80s in order to submit a valid application. This will do wonders for our local Tourism and International Education industries. What a great idea...
Immigration blog
This sort of approach is going to require the Minister to exercise these powers personally and if he doesn't ,then the cases will go to the AAT and where the AAT decides not to cancel, then the case will go back to the Minister who will then exercise the powers personally and set aside the decision of the AAT.
Why don't we make this easier for Neil Mitchell and the Minister?
Let's have Neil Mitchell and Ray Hadley head up a " Bureau of Public Safety Tribunal" and they can make all of the decisions with no appeals so that we can all stop wasting our time by making reps to DIBP, The Minister and running cases at the AAT.
Just think of the money we would save and the money that these clients and their families are wasting on these submissions and appeals to the AAT.
It is clear that what we are dealing with here are unscrupulous and money hungry lawyers who are ripping off their vulnerable clients.
it is obvious that the primary consideration " The Protection of the Australian community" is way too generous, why not replace it with " What does 3AW and 2GB think?"
As they say in the classics..( Shakespeare , Henry VI ) " The first thing we do let's kill all the Lawyers"