Exclusive: former immigration minister raised threshold for ministerial reconsideration of character cancellations
Former immigration minister Andrew Giles approved a March 2023 proposal that he only review visa cancellation cases involving ‘very serious ongoing risk’.Former immigration minister Andrew Giles approved a March 2023 proposal that he only review visa cancellation cases involving ‘very serious ongoing risk’.raised the threshold for ministerial reconsideration of character cancellations, increasing the risk that criminals convicted of serious offences might keep their visas.
The submission responded to this backlog by proposing to send only more serious cases to the minister, a policy enacted just two months after, which instructed the department and AAT to give greater weight to the strength, nature and duration of a non-citizen’s ties to Australia before cancelling their visa.after the Coalition attacked Labor over a series of cases in which the AAT restored the visas to people who had been convicted of crimes ranging from.
Under the March 2023 rules, cases “where there is a very serious ongoing risk to the Australian community based on abhorrent violent, sexual, child sex or family violence offending which generally resulted in a substantial term of over 10 years imprisonment” would be sent to Giles. The department explained the new rules would “ensure that only cases that pose the highest levels of risk and are inconsistent with Australian values such that the ‘national interest’ or ‘public interest’ is invoked are considered” by the minister, and would take into account “Australian community values and long-term residence”.
The submission said the cases on hand had been “robustly triaged” and the department had identified ways to improve the process “to mitigate against risks” at an earlier stage. If the new rules were endorsed, the current and new case load would be assessed “against the updated thresholds”, it said.
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