Immigration Minister Andrew Giles is refusing to step down despite the backlash over his decision to revoke a controversial directive that allowed convicted criminals to remain in Australia.
The directive, known as ‘ministerial direction 99’, mandated that decision-makers consider an individual’s ties to the community when ruling on their visa status. This policy led to the Administrative Appeals Tribunal (AAT) reinstating visas for several convicted individuals, including rapists, drug smugglers, and kidnappers. Among these cases was a man previously jailed for choking the mother of his child, who was later implicated in a murder in Brisbane.
During a recent Question Time, Prime Minister Anthony Albanese announced that the direction would be revised to ensure better decision-making by tribunal members. In an interview with the ABC’s Afternoon Briefing, Minister Giles acknowledged that the AAT’s decisions did not meet expectations, prompting the revision of the directive.
“It has not produced, in the AAT decisions, the outcomes that we expected,” Giles stated. “That’s why we are pursuing a new, revised direction. Some of the AAT decisions are very hard to reconcile with any sense of the expectations of the Australian community — nor frankly, common sense.”
New Emphasis on Community Safety and Victim Perspectives
Giles emphasized that the new directive would prioritize community safety and incorporate the perspectives of victims and their families more effectively, particularly in cases of family violence. He committed to an urgent review of recent AAT rulings and revealed that he had already canceled six reinstated visas.
Despite the controversy and mounting pressure, Giles remains resolute in his role. “I owe the Australian community to work day and night to keep the community safe,” he asserted.
The original directive was heavily influenced by years of lobbying from the New Zealand government, which argued against the deportation of Kiwi criminals with deep ties to Australia. Giles confirmed that New Zealand officials were being briefed on the policy changes. New Zealand’s Minister of Foreign Affairs, Winston Peters, acknowledged Australia’s right to determine its deportation policies but expressed concerns over deporting individuals with minimal ties to New Zealand.
Legal Challenges and Government Response
The current situation follows a High Court decision in November that declared indefinite immigration detention unlawful, leading to the release of over 150 detainees, some of whom were hardened criminals. In response, the Albanese government passed legislation to monitor these individuals with electronic ankle bracelets and curfews and to allow re-detention if deemed a threat to the community.
Giles reported that six cases had been referred for expert review, with 26 more in advanced stages of preparation, although no timeline was provided for when court orders might be issued.
Historical Context and Political Fallout
In Question Time, Giles highlighted the release of 146 criminals during Peter Dutton’s tenure as immigration and home affairs minister, including 64 child sex offenders. The Coalition has been critical of the Albanese government’s handling of released detainees, frequently questioning Giles on this issue.
As the debate continues, Giles remains committed to his role, emphasizing his duty to ensure public safety while navigating the complexities of immigration policy and tribunal decisions.
