The Australian Immigration Minister, Andrew Giles, has introduced Ministerial Direction 110, aimed at bolstering the country’s visa cancellation system to better align with community expectations. This move follows instances where visa cancellations for non-citizens convicted of serious offenses were overturned by an independent tribunal.
Effective from June 21, the new rules underscore the paramount importance of safeguarding the Australian community, with Giles emphasizing that community safety is the government’s highest priority. However, while safety is highlighted as a key principle in decision-making, the direction allows decision-makers some discretion to consider factors beyond safety as the primary consideration.
According to a government spokesperson, the term “generally” in the direction is consistent with previous guidelines and doesn’t restrict the minister’s ability to intervene in visa decisions deemed necessary for national interest.
Giles elaborated that the revised direction also elevates the impact of family violence on victims and their families as a primary consideration. This includes assessing the nature and seriousness of the conduct alongside its impact on victims, provided procedural fairness is ensured for the non-citizen.
The previous directive, Ministerial Direction 99, issued by the Albanese government, also emphasized primary considerations such as community protection, the nature of the conduct (including family violence), the welfare of children, and community expectations. Direction 110 maintains these primary considerations.
Responding to criticism from opposition leader Peter Dutton, Giles defended the new direction, stating its intent to ensure the safety of Australians while addressing concerns about criminals remaining in the community. Giles also highlighted his actions in re-cancelling 40 visas upon discovering a backlog of overturned decisions by the Administrative Appeals Tribunal (AAT).
While some cases under the old rules are pending review by the AAT, Giles assured prompt reconsideration by the minister for any decisions against the government’s stance.
In conclusion, Giles emphasized his commitment to acting in the national interest and communicated the revised guidelines to the New Zealand Foreign Minister, Winston Peters, to uphold principles of common sense and community protection in visa conditions.
