Visa character assessment changes announced

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Created on Monday, 06 August 2012 13:44

Written by Editorial staff

Coming to Australia is a privilege, and tougher character assessment for migrants should provide additional protection to members of the community from "unacceptable risks".

This is the crux of new measures announced on August 5 by the immigration minister that are intended to offer clearer direction on character decision-making.

The new ministerial direction, which was signed by Chris Bowen, outlines a number of key principles that will help to set the criteria for visa refusal or cancellation.

Bowen explained: "The direction is binding on all my department's decision-makers and the Administrative Appeals Tribunal."

He added: "It identifies the considerations I believe to be important in deciding whether to exercise the discretion to refuse or cancel a person's visa on character grounds."

The new ministerial direction clarifies that non-citizens must abide by Australian laws and are expected to respect Australian institutions. They must not cause any harm or threat to an Australian citizen.

They also clarify Australia's low tolerance of criminal conduct and specify that any non-citizen who commits a serious crime - including those of a sexual or violent nature - should expect to have their visa cancelled or refused.

Offences will also be considered in light of how long the individual has spent in Australia - for example, those on limited stay visas or who have only been in the country for a short period of time, may be subject to visa cancellation or refusal if they commit any criminal activity while in the country.

The direction also specifies that some conduct and offences are so severe that if they were to be repeated, it would be completely unacceptable.

An important changes clarified in the new direction are the differentiation between visa applicants and visaholders - the former should not expect their application to be approved in these circumstances, while the latter could have their visas revoked.

Another key change is the inclusion of any crimes committed by a prospective visa applicant or visa holder while in detention in their character assessment.

Bowen explained that the new directions are set to take effect from the beginning of next month - and that some people who are already under active consideration by the Department of Immigration and Citizenship may be affected by the change.

These individuals will be provided with information on the new direction and will be given the chance to respond before their case is decided.