The Morrison Government takes very seriously its responsibility to protect Australians from non-citizens who engage in criminal conduct. We will act decisively to protect our community, as Australians expect. That is why we have introduced further legislation to strengthen the Government’s powers to quickly deport non-citizens who commit violent or sexual offences (the Migration Amendment (Strengthening the Character Test) Bill 2021).
The Bill introduces amendments to allow for discretionary visa refusal or cancellation where a non-citizen has a conviction for a designated offence punishable by at least two years’ imprisonment.
Designated offences include violent and sexual crimes, breaching personal protection orders like AVOs, using or possessing a weapon, or assisting with any of these crimes.
In September 2019 and October 2021, Labor and the Greens voted against an earlier version of this Bill in the Senate. On Wednesday 16 February 2022, the Government will return to the Bill with some minor changes, to protect Australians from dangerous non-citizens.
An Australian visa is a privilege that should be denied to those who pose a threat to the safety of Australians. It should not be easier to deport an international sports star than a convicted criminal. That’s why this Bill broadens existing discretionary powers to cancel and refuse visas under the “character test”.
The Bill addresses gaps in the character test to apply to non-citizens who:
- have been convicted of a serious criminal offence, punishable by at least two years’ imprisonment;
- have received less than 12 months’ imprisonment for their crimes; and
- pose a risk to the Australian community.
By moving the character test onto more objective grounds, the Bill will broaden the circumstances in which visas may be cancelled and refused, and reduce the likelihood of such decisions being overturned on appeal.
By focusing on the sentence available rather than the sentence imposed, the Bill also captures offenders given sentencing discounts by judges due to plea bargains and guilty pleas, as well as decisions to give sentences falling below the mandatory visa cancellation threshold.
Since the power will be discretionary, the Government will have flexibility to focus on serious crimes perpetrated by criminals who pose a risk to the Australian community.
The amendments also facilitate the use of data matching and biometric information to help the Government identify people who are of character concern.
