New Government, New Rules? Will Character Cancellation be Considered Differently?
As New Zealand Prime Minister Jacinta Ardern meets with our newly minted Prime Minister Anthony Albanese, questions are being raised as to how the new Australian Government will approach the cancellation power under s501 of the Migration Act. This section of the act, which permits the cancellation of visas on character grounds, has resulted in a steep increase in cancellations since legislative changes were made in 2014. In particular, this provision has disproportionately affected New Zealand citizens who account for a majority of the individuals cancelled under this section:
Will this trend continue?
Yes…and no. Initial indications from the new Government are that those visa holders who are convicted of serious crimes with reflective sentences of imprisonment of 12 months or more, will continue to feel the weight of s501 of the Act and face visa cancellation and possible deportation. What may change though is Ministerial Direction 90, which provides instructional guidance to decision makers on how to weigh up and execute this provision of the Act.
The direction may be amended to provide further scope to decision makers to take greater account of the time an individual has spent in Australia. This would be highly beneficial for a number of New Zealand citizens who fall afoul of this provision. This is because, many New Zealand citizens have lived and worked in Australia for a majority of their lives. Some may never have lived in New Zealand and then face the prospect of being deported to a country in which they have never been and have no family or employment ties.
There has been constant debate over the character provisions (i.e. Strengthening the Character Test Bill) and only time will whether the proposed tweak will eventuate.
How Can Agape Henry Crux Help You?
If your visa has been refused or cancelled on character grounds, please do not hesitate to contact us. We specialise in highly complex character matters and can assist you in navigating the migration process to achieve the best possible outcome in your circumstances.
You can book a Migration Planning Session with one of our immigration lawyers to seek professional advice by calling 02-7200 2700 or email us to book in a time at info@ahclawyers.com.
We speak fluent English, Korean, Mandarin, Cantonese, Indonesian, Burmese and Malay. If these aren’t your language, we can also help you arrange an interpreter.
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