System Message:

Australian Immigration Daily News

Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers. Please email help@migrationalliance.com.au

  • Home
    Home This is where you can find all the blog posts throughout the site.
  • Categories
    Categories Displays a list of categories from this blog.
  • Tags
    Tags Displays a list of tags that have been used in the blog.
  • Bloggers
    Bloggers Search for your favorite blogger from this site.
  • Team Blogs
    Team Blogs Find your favorite team blogs here.
  • Login
    Login Login form
Posted by on in General
  • Font size: Larger Smaller
  • Hits: 271
  • 0 Comments

HAWKE: Migration Amendment (Strengthening the Character Test) Bill 2021

A Bill for an Act to amend the Migration Act 1958, and for related purposes 

The Australian Government remains committed to protecting the Australian community from the risk of harm posed by non-citizens. To continue the trend of Australia’s strong cancellation powers and low tolerance for criminal behaviour by non-citizens, this Bill introduces measures that enhance the Government’s ability to protect the Australian community. The Bill follows on from issues considered by the 2017 Joint Standing Committee on Migration report on migrant settlement outcomes titled ‘No one teaches you to become an Australian’. In its recommendations 15 and 16, the Committee recommended that those convicted of a serious violent offence, such as serious assaults, aggravated burglary, sexual offences and possession of child pornography, should have their visas cancelled under character provisions. The Bill strengthens the character test in section 501 Migration Act 1958 (the Migration Act) to ensure that non-citizens who are convicted of certain serious criminal offences may be considered for visa refusal or cancellation, regardless of the length of sentence imposed. The amendments in the Bill acknowledge that certain serious criminal offences (designated offences) have a particularly significant impact on victims, and that a person who is convicted of such an offence should be appropriately considered for visa refusal or cancellation under section 501. The Bill amends section 501 of the Migration Act to introduce a new ground on which a person convicted of a designated offence (in Australia or overseas) objectively fails the character test, and may be considered on a discretionary basis for visa refusal or cancellation on character grounds, regardless of the actual sentence imposed. The Bill also makes consequential amendments to the definition of character concern in section 5C of the Migration Act.

Source:  Migration-Amendment-Strengthening-the-Character-Test-Bill-2021.pdf and Migration-Amendment-Strengthening-the-Character-Test-Bill-2021-Explanatory-Memorandum.pdf

Last modified on
Rate this blog entry:
0

Comments

  • No comments made yet. Be the first to submit a comment

Leave your comment

Guest Wednesday, 08 December 2021
Joomla SEF URLs by Artio