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Ministerial Direction No. 110

Direction No. 110 by Minister Andrew Giles

Minister Andrew Giles has introduced Direction No. 110 under Section 499 of the Migration Act 1958, focusing on visa refusal and cancellation under Section 501, as well as the revocation of mandatory visa cancellations under Section 501CA. Effective from June 21, 2024, this Direction replaces the previous Direction No. 99.

Key Elements of Direction No. 110:

  • Objective: The main aim is to manage the entry and presence of non-citizens in Australia based on their character, with a strong emphasis on national interest and community safety.

  • Decision-Making Framework: Decision-makers are required to assess each case individually, prioritising the protection of the Australian community from criminal and other serious behaviour by non-citizens.

  • Primary Considerations:

    • Safety and protection of the Australian community
    • Incidents involving family violence
    • Strength, nature, and duration of ties to Australia
    • Best interests of minor children in Australia
    • Community expectations in Australia
  • Secondary Considerations: These include legal consequences of removal, obstacles faced if removed, and impacts on Australian business interests.

Principles:

  • The safety of the Australian community is the top priority.
  • Non-citizens involved in criminal or serious conduct are expected to be refused entry or have their visas cancelled.
  • The Australian community expects the government to act firmly against non-citizens involved in serious conduct, regardless of the measurable risk of physical harm.

Direction No. 110 is designed to ensure a more stringent, safety-focused approach to immigration decisions, addressing previous criticisms and issues associated with Direction No. 99.

Source: Direction-No.-110.pdf

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