Google AI
The Times Australia

Times Media Advertising

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

ROAD SAFETY RISK: NEW DATA REVEALS ALMOST 2 IN 3 AUSSIE DRIVERS ARE LETTING CAR MAINTENANCE SLIDE AS COST-OF-LIVING PRESSURES BITE

Australians are putting off vehicle maintenance and new research released on the eve of National R...

Woodroffe footy club BBQ legend crowned in national Bunnings search

Bunnings has found its latest community hero, naming Brent Tanner from Darwin Buffaloes Football C...

VoltX Energy expands into Victoria & ACT to meet surging home battery demand

Leading Australian energy solutions provider VoltX Energy and premier sponsor of the NRL Manly Wa...

Victorian Drivers To Receive 20% Rego Rebate From June 1 In Major Cost-Of-Living Measure

Victorian motorists will begin receiving significant registration savings from June 1 as the Allan...

How Australian Businesses Are Using AI To Cut Costs And Improve Efficiency

Artificial intelligence was once viewed by many small business owners as something futuristic, exp...

Quickest Way of Getting Rid of Your Old Cars in Brisbane?

If you are done searching for a practical solution for quickly getting rid of your old car, this w...

The Human Supplement Craze Has Officially Gone to the Dogs (Literally)

Australians’ appetite for supplements is no longer limited to their own vitamin cabinets. New reta...

AI Guilt: It’s Real — But it is irrational

Artificial intelligence is rapidly becoming one of the most powerful tools ever made available to ...

Australians Are Keeping Their Cars Longer — And It’s Changing The Market

Australia’s car market is undergoing a subtle but important transformation. People are keeping th...

The Times Features

McDonald’s Australia keeps innovating as Red Bull lands…

For decades, McDonald’s Australia has been associated with burgers, fries, coffee and soft drinks...

Woodroffe footy club BBQ legend crowned in national Bun…

Bunnings has found its latest community hero, naming Brent Tanner from Darwin Buffaloes Football C...

Low Maintenance Front Garden Ideas with Tropical Hibisc…

Front garden inspired by tropical low-maintenance design Introduction Creating an attractive front...

How Solar + Battery + Electricity Credits Work Together…

In Australia, more households are turning to solar and battery systems as electricity prices conti...

Most Australians think the Budget Just Changed the Rule…

A generation of Australians may be entering the biggest rethink of wealth creation since the rise ...

Remember All-You-Can-Eat Restaurants? Australia Still M…

For many Australians, few dining experiences created more excitement than the words: “All you can ...

Australia’s Changing Family Dynamic: When Adult Childre…

Australia’s housing affordability crisis is no longer simply an economic issue. It is reshaping t...

ASX Movements Since Labor’s Budget: What Investors Are …

Australia’s share market has spent recent weeks digesting the implications of Labor’s federal budg...

QLD Day

On Saturday 6 June, parkrun events across the state will be a sea of maroon, with communities  str...