Bill
Migration Amendment (Character and General Visa Cancellation) Bill 2014
passed, as at 2014-12-10. Immigration and Border Protection portfolio.
- Sponsor
- Not recorded
- Portfolio
- Immigration and Border Protection
Recorded stages
- introduced — 2014-09-24
- second reading — 2014-09-24
- second reading — 2014-10-22
- second reading — 2014-10-22
- third reading — 2014-10-22
- introduced — 2014-10-28
- second reading — 2014-10-28
- second reading — 2014-11-26
- second reading — 2014-11-26
- third reading — 2014-11-26
- passed — 2014-11-26
- royal assent — 2014-12-10
Divisions
No divisions recorded. Most questions are decided on the voices; this does not establish that a bill was unopposed.
Plain-language summary
Written by a model from the explanatory memorandum; not the record, as at 2014-09-24.
The bill would tighten the rules for refusing or cancelling visas on character grounds.
It would add new reasons for failing the character test, including suspected links to criminal groups, certain serious crimes, and Interpol notices.
A person serving a prison sentence of 12 months or more would face mandatory visa cancellation without notice, but the minister could revoke it if the person passes the character test.
- New grounds for failing the character test are inserted, covering membership in criminal organisations, people-smuggling, war crimes, child sex offences, and security risks.
- The threshold for a substantial criminal record is lowered from 2 years to 12 months total imprisonment for multiple sentences.
- A mandatory visa cancellation power is created for prisoners serving 12 months or more, with limited review rights.
- The minister may require state or territory agencies to disclose personal information about a person whose visa could be cancelled.
- Decisions by a delegate not to revoke a cancellation for a person in prison become reviewable by the Administrative Appeals Tribunal.
- The minister may personally set aside a revocation and cancel a visa if it is in the national interest.
Non-citizens in Australia, particularly those convicted of crimes or serving prison sentences, and visa applicants with criminal backgrounds.
Sources
em
billhome
frl act