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Immigration Minister Andrew Giles has signed a new direction to make it harder for foreign-born criminals to remain in Australia.
The newly issued Ministerial Direction 110 will replace the much-criticised Ministerial Direction 99.
That was issued by Giles last year, ordering the Administrative Appeals Tribunal (AAT) to consider someone’s ties to Australia as a primary factor when considering whether to uphold their visa.
Since then, the AAT restored the cancelled visas of a number of criminals, including a convicted serial rapist, an alleged murderer and another sexual offender, sparking heavy criticism of the government’s handling of the issue from the opposition.
Giles said the new direction prioritised “the protection of the Australian community and common sense”, not someone’s existing ties to Australia.
“This new revised direction makes crystal clear that the government expects the protection of the Australian community be given greater weight in visa decisions,” he said.
“The government has also taken further steps to strengthen the new revised direction.
“The revised direction makes it clear that the safety of the Australian community is the government’s highest priority – and includes this as a key principle of the decision-making framework.
“It elevates the impact on victims of family violence and their families into one of the existing primary considerations, reflecting the government’s zero-tolerance approach to family and domestic violence.”
The new direction will come into effect on June 21.
About 10 cases will be heard by the AAT under the old direction in the next fortnight, which Giles said he will watch “very closely”.
“I will consider cancellation of any visas granted back in the national interest,” he said.
