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Hundreds of convicted criminals have visas cancelled under Ministers new powers

Over 200 bikies, foreign criminals, including suspected members or associates of bikie gangs, drug traffickers and sex offenders have had their visas cancelled in the past three months and have started being deported from Australia.

The number of cancellations is much higher than in recent years, because Immigration Minister Peter Dutton now has greater powers to revoke visas of convicted criminals. Since December last year, 203 visas have been cancelled, a high rate of cancellations compared to 372 revocations between July 2011 and July 2014, according to a report on the ABC.

Mr Dutton said he would not apologise for taking a tough approach.

"Frankly they're detracting from the Australian society, not adding to it.They should be removed from our shores as quickly as possible,” he said.

Of the 203 people who have had their visas cancelled since mid-December last year, 92 are living in immigration detention centres. Another 99 are serving sentences in prison and 12 have already been deported.

Mr Dutton said an amendment to section 501 of the Migration Act has increased his power to cancel visas. "Essentially that provides for a mandated arrangement for visas to be cancelled for people who had a conviction of 12 months or more imprisonment, or for people who have been here on a visa and have been convicted of a sexual offence against a child," he said.

"It confers a power on the minister to, in the national interest, decide that a visa should be cancelled of somebody who, for example, had been involved in a serious crime.

"It may be that they've been involved in trafficking of illicit drugs, it may be that they've been involved in gang rapes or it may be that they've been involved in sexual assaults of another nature."

People who have had their visas cancelled have 28 days to appeal the decision. Mr Dutton said he would consider individual cases, but would not make any promises.

"My responsibility is to the Australian people, to make sure that we're compassionate wherever needed, but that we apply the law fairly and firmly," he said.

"If people have committed crimes against our country then their visas will be cancelled."

"For those few who choose to break the law, the message is clear – coming to or remaining in Australia is not a right, it is a privilege.  If you abuse this privilege and are found not to pass the character test, you should expect to have your visa cancelled and be removed from Australia".

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  • Guest
    Michael Wednesday, 25 February 2015

    There's little doubt that this will be a popular move generally, and especially with solicitors and barristers and migration agents who will receive an enormous amount of work from the attempted deportations. I would assume that there will also be attempts to get civil rights organizations and legal aid to meet the deportees' legal fees. I also think that there will be a couple of departmental mistakes that will lead to newspaper articles on the harshness of the law. The regulation has been a long time coming, and its workings will be interesting to see.

  • Guest
    hris Wednesday, 25 February 2015

    yeh thats about right

  • Guest
    Richard Coates Wednesday, 25 February 2015

    Some of these cases could be delayed under some of the articles on human rights commission , e.g sending back people who may be endangered if return to their country of origin, Australia being a signatory must comply with this article,

  • Guest
    agent123 Wednesday, 25 February 2015

    most will have children in Australia ......all will end up on Centrelink benefits

  • Guest
    NIMBY Wednesday, 25 February 2015

    The vast majority will be 444 holders.

  • Peter Henderson
    Peter Henderson Wednesday, 25 February 2015

    I am wondering how this will affect a case where a Nepalese woman wants her father to come to Australia on a tourist visa to attend her wedding here in Sydney later this year. He was convicted of a drug smuggling offence in 1988, served a 6 year jail sentence in Silverwater and was then sent back to Nepal in 1994 where he has led a blameless life ever since. Section 501 seems to still allow some wiggle room for such cases. Or have I read that wrongly and he has no prospect of being granted a visa? Thanks for any advice you can give.

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