Google AI
The Times Australia
The Times World News

.

Albanese government gives new Ministerial Direction on visa appeals to make ‘community safety’ paramount

  • Written by: Michelle Grattan, Professorial Fellow, University of Canberra

The Albanese government is giving a new “Ministerial Direction” to the Administrative Appeals Tribunal on visa cases, telling it to make community safety paramount in considering appeals from non-citizens with serious criminal records.

Prime Minister Anthony Albanese announced the change in Question Time on Wednesday.

The Direction will apply not just to the AAT (which will be reconstituted as the Administrative Review Tribunal (ART) under legislation which this week passed through parliament) but also to all decision-makers in the Home Affairs Department.

This followed a political fracas over revelations that many criminals have had the ministerial cancellations of their visas overturned after a policy change by the Albanese government’s early last year.

That change was made at the request of then New Zealand Prime Minister Jacinda Ardern, who pressed for New Zealanders with long associations with Australia not to be deported.

The Direction to the AAT – which reviews ministerial decisions on visa cancellations – was changed to elevate, among the other criteria to be taken into account, the strength, nature and duration of their ties to Australia.

Immigration Minister Andrew Giles has been under sustained attack this week, as the opposition has highlighted multiple instances of the AAT upholding the appeals of those convicted of major crimes.

In question time on Wednesday the opposition asked about a number of foreign nationals, from various countries, convicted of crimes including rape, domestic violence and assault, whose appeals had been upheld by the AAT.

The Coalition has repeatedly called for Giles to be sacked from his post. The latest row follows a string of earlier issues around the former detainees, released from immigration detention as a result of a High Court decision last year.

The Minister for Home Affairs, Clare O'Neil, who is the senior minister in the portfolio, said on Wednesday morning TV, “It does appear that the decisions made by this independent tribunal are not meeting community expectations”. There was not enough stress being put on community safety, she said.

She said she found the tribunal’s decisions “very disconcerting”.

Giles has already re-cancelled some half dozen of the visas.

The Secretary of the Home Affairs department, Stephanie Foster, admitted to a Senate estimates hearing on Tuesday that the department had failed to inform Giles of the AAT decisions. This was despite having undertaken to do so.

O'Neil admitted some issues within the department had been of concern.

But she said the “urgent matter ahead of us is to get Minister Giles to reconsider these visas, as he has indicated that he’s doing, to make sure that we can […] ensure that community standards are being met in visa decisions”.

Announcing the rewriting of the Ministerial Direction, Albanese told parliament: “The only effective way of ensuring the tribunal members are making better decisions is to issue a new revised Direction, which the minister will be doing. The new directive will ensure [community protection] outweighs any other consideration.”

Giles told the ABC he had “instructed my department to advise me and my office within 24 hours now of any such decision of the administrative appeals tribunal”.

“The new, revised Direction, will make it abundantly clear community safety is a consideration that outweighs all other considerations. And beyond that […] we will introduce further mechanisms to enable the perspective of victims and their families to be more clearly brought to bear.”

Read more https://theconversation.com/albanese-government-gives-new-ministerial-direction-on-visa-appeals-to-make-community-safety-paramount-231175

Times Magazine

Federal Budget and Motoring: Luxury Car Tax, Fuel Excise and the Cost of Driving in Australia

For millions of Australians, the Federal Budget is not an abstract economic document discussed onl...

Buying a New Car: Insider Tips

Buying a new car is one of the largest purchases many Australians make outside buying a home. Yet ...

Hybrid Vehicles: What Is a Hybrid, an EV and a Plug-In Hybrid?

Australia’s car market is changing faster than at any point since the decline of the local Holden ...

Chinese Cars: If You Are Not Willing to Risk Buying One, What Are the Current Affordable Petrol Alternatives

For years Australian motorists shopping for an affordable new car generally looked toward familiar...

Australia’s East Coast Braces for Wet Week as Weather Pattern Shifts

Large sections of Australia’s east coast are preparing for a significant period of wet weather as ...

A Report From France: The Mood of a Nation

France occupies a unique place in the global imagination. To many outsiders, it remains the land ...

The Times Features

Why every drop counts

Accurate water measurement and confidence in Sustainable Diversion Limits (SDLs) are essential to ...

Dining Out Is Expensive. Buying High Quality Meat and F…

For many Australians, dining out has quietly shifted from a weekly habit to an occasional indulgen...

REFLECTIONS: A Legacy in the Rain at Carla Zampatti AFW…

Words & Photography by Cesar Ocampo There is a specific kind of magic that happens when high fa...

Where Our Batteries Come From: Battery making is big bu…

Batteries are now so deeply embedded in modern life that most people rarely stop to think about th...

Did Trump Secure China’s Assistance to Protect Middle E…

As tensions in the Middle East continue to threaten global energy markets, a new geopolitical ques...

China and America: Trump Tried to Be Nice. Did It Work?

For years the relationship between the United States and China has resembled a slow-moving collisi...

Since the Budget: How the Real Estate Industry Reacted

Australia’s real estate industry has reacted to the federal budget with a mixture of optimism, cau...

Budget Holidays in Australia: How to Travel More and Sp…

For many Australians, the idea of a holiday now comes with a difficult question: can we still affo...

Street Side Medics Calls for Canberra Clinic Volunteers

Street Side Medics – a not-for-profit, GP-led mobile medical service dedicated to people experienc...