The Migration Amendment (Strengthening the Character Test) Bill 2023 (the Bill) amends the Migration Act 1958 (the Migration Act) to ensure that non-citizens who are convicted of certain serious offences, and pose a risk to the safety of the Australian community, do not pass the character test and may be appropriately considered for visa refusal or cancellation.
The Bill is in response to recommendations by the 2017 Joint Standing Committee on Migration report on migrant settlement outcomes entitled “No one teaches you to become an Australian”. Recommendations 15 and 16 suggested that those convicted of a serious offence should have their visas cancelled under character provisions.
The Bill strengthens the character test in section 501 of the Migration Act by providing a new specific and objective ground to consider visa refusal or cancellation where a non-citizen has been convicted of certain serious offences against Australian or foreign laws involving violence against a person (including murder, kidnapping and aggravated burglary), non-consensual sexual acts, breaching of an apprehended violence order (or similar) or weapons.
Source: Migration-Amendment-Strengthening-the-Character-Test-2023.pdf and
Migration-Amendment-Strengthening-the-Character-Test-Bill-2023-Explanatory-Memorandum.pdf