New Ministerial Direction No. 79 - New Direction For Character Requirement For All Applicants Entering or Remaining in Australia
Everyone who wish to enter or remain in Australia must satisfy the character requirement set out by the Department of Home Affairs (i.e. the Immigration).
Direction No. 79 came in to effect on 28 February 2019. The Direction is in relation to visa cancellation and visa refusal under Section 501 and revocation of mandatory visa cancellation under Section 501CA of the Migration Act 1958 (the Act). The introduction to Direction No. 79 means that Direction No. 65 is no longer in effect.
The Difference Between Direction No. 65 and Direction No. 79
Direction No. 65 focused solely on criminal convictions or other serious conduct committed by non-citizens against children, disabled members in the Australian community and elderly in Australia.
Direction No. 79 extends the above to serious crimes (including violence or sexual nature) committed against women or children or vulnerable members of the Australian community.
The following principles are included in Direction No. 79:
1) Australia has a sovereign right to determine whether non-citizens who are of character concern are allowed to enter and/or remain in Australia. Being able to come to or remain in Australia is a privilege Australia confers on non-citizens in the expectation that they are, and have been, law-abiding, will respect important institutions, such as Australia’s law enforcement framework, and will not cause or threaten harm to individuals or the Australian community.
2) The Australian community expects that the Australian Government can and should refuse entry to non-citizens, or cancel their visas, if they commit serious crimes in Australia or elsewhere.
3) A non-citizen who has committed a serious crime, including of a violent or sexual nature, and particularly against women or children or vulnerable members of the community such as the elderly or disabled, should generally expect to be denied the privilege of coming to, or to forfeit the privilege of staying in, Australia.
4) In some circumstances, criminal offending or other conduct, and the harm that would be caused if it were to be repeated, may be so serious, that any risk of similar conduct in the future is unacceptable. In these circumstances, even other strong countervailing considerations may be insufficient to justify not cancelling or refusing the visa.
5) Australia has a low tolerance of any criminal or other serious conduct by people who have been participating in, and contributing to, the Australian community only for a short period of time. However, Australia may afford a higher level of tolerance of criminal or other serious conduct in relation to a non-citizen who has lived in the Australian community for most of their life, or from a very young age.
6) Australia has a low tolerance of any criminal or other serious conduct by visa applicants or those holding a limited stay visa, reflecting that there should be no expectation that such people should be allowed to come to, or remain permanently in, Australia.
7) The length of time a non-citizen has been making a positive contribution to the Australian community, and the consequences of a visa refusal or cancellation for minor children and other immediate family members in Australia, are considerations in the context of determining whether that non-citizen’s visa should be cancelled, or their visa application refused.
See the full Direction at LEGENDCom.
How Can Agape Henry Crux Help
If you want to learn more about cancellation or refusal of visas on character grounds, or require assistance, please contact one of our highly trained lawyers at Agape Henry Crux on 02-7200 2700 or email us to book in a time at firstname.lastname@example.org.
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